What documents should be submitted when applying for patent priority?

Patent priority includes international patent priority and domestic patent priority. Once you apply for patent priority, it will help to exclude other countries or other people in the country from plagiarizing the patent. Therefore, patent priority is important to those who apply for a patent under certain conditions. It is very necessary. So, what is the time limit for applying for priority? What documents should be submitted to apply for patent priority? In response to this issue, the editor of Legal Savior Network has compiled relevant content for you. I hope it will be helpful to you. help.

1. What is patent priority

Patent priority refers to patent If an applicant files a patent application for an invention-creation in a certain country for the first time, and then files a patent application for an invention-creation with the same subject within the statutory period, according to relevant laws, the date of the first patent application shall be used for subsequent applications. As of the filing date, the right enjoyed by the patent applicant in accordance with the law is the right of priority. The purpose of patent priority is to exclude those who copy the patent in other countries and have the possibility to apply for it first and obtain registration.

2. Documents to be submitted to apply for priority

After an invention is created, the party concerned cannot automatically obtain patent rights. Only when a patent application is filed with the State Intellectual Property Office and is deemed to comply with the provisions of the Patent Law after review by the State Intellectual Property Office, can the patent application be granted a patent right. The following documents should be submitted when applying for a patent:

1. Request letter

The request letter is the applicant’s A written document expressing the desire to grant a patent right to the State Intellectual Property Office. As long as the applicant fills out the "Request Form for Invention Patent" or "Request Form for Utility Model Patent" and submits it to the State Intellectual Property Office, it is deemed that he has expressed his desire to request the grant of patent rights. The request letter mainly includes the following contents:

(1) The name of the invention or utility model;

(2) Applicant’s name and address;

(3) Applicant’s identity information (ID card number or organization code)

(4) Name of inventor or designer;

(5) Identity information of the inventor or designer (ID card number, reflecting its authenticity)

(6 ) Patent agency;

(7) Priority claim;

(8) Application signature or seal of the person or agency.

The request letter also includes a list of application documents, a list of additional documents, and other matters that need to be noted.

2. Instruction sheet

The instruction sheet is a disclosure document submitted by the applicant to the State Intellectual Property Office. Documents for inventions or utility models. To obtain a patent right, the applicant shall provide the State Intellectual Property Office and then the public with the technical information necessary to understand and implement his invention and creation. Its functions mainly include the following three aspects: First, it clearly and completely discloses the technical solution of the invention or utility model, so that technicians in the relevant technical field can understand and implement the invention or utility model, thereby providing the public with a better understanding of the invention or utility model. New technical information; secondly, the description provides information about the technical field, background technology and content of the invention and creation, and is the basis for the State Intellectual Property Office’s examination work; thirdly, the description is the basis for the claims. After the patent right is granted, especially when a patent dispute occurs, the description and the drawings can be used to explain the claims and determine the scope of protection of the patent right.

The main content of the instruction manual includes the following aspects:

(1) Invention or practicality The technical field to which a new model belongs refers to the specific technical field to which the invention or utility model directly belongs or is directly applied, rather than to a higher-level or related technical field, nor to the invention or utility model itself.

(2) Background technology. As far as the applicant knows, state the background technology useful for understanding, retrieval, and examination of the invention or utility model. It is best to cite Documents reflecting these background technologies.

(3) The content of the invention or utility model, state the technical problems to be solved by the invention or utility model and the technical solutions adopted to solve the technical problems, and compare them The prior art describes the beneficial effects of the invention or utility model.

(4) Description of drawings. If the description has drawings, a brief description of each drawing should be provided.

(5) Specific implementation mode, specify in detail the best way that the applicant believes to realize the invention or utility model, and if necessary, give examples , if there are drawings, please refer to the drawings.

Article 18 of the Implementing Rules of the Patent Law also stipulates that an applicant for an invention or utility model patent shall write a description in the manner and order mentioned above, and submit it in each application. The title should be written in front of a part, unless the nature of the invention or utility model can be written in another way or order to save the length of the description and enable others to accurately understand the invention or utility model.

3. Instructions and drawings

In order to explain the technical content of the invention or utility model, the instructions Can be supplemented by pictures. For instructions with drawings, the drawings are one of its important components.

Since utility models involve the shape and structure of products, the description of the utility model patent application must have drawings. An invention patent application should also have drawings when necessary, and the drawings should be attached to the description.

4. Abstract of the instruction manual

The abstract is a summary and summary of the instruction manual, and its function is to make By reading a short text, the public can quickly understand the basic content of the invention and creation, and thus decide whether to read the full text. An abstract should be submitted when applying for a patent. The abstract should state a summary of the content disclosed in the description, claims and drawings of the invention or utility model patent application, indicate the technical field to which the invention or utility model belongs, and clearly reflect the technical problem to be solved and the technology to solve the problem. Key points and main uses of the program.

5. Claims

In order to ensure the normal operation of the patent system, on the one hand, it is necessary to Providing effective legal protection to patent holders, on the other hand, ensures that the public enjoys the freedom to use known technologies. Claims are a special legal document provided for the above purposes.

The main function of the claims is to determine the scope of protection of the patent right. Before the patent right is granted, indicate what scope of protection the applicant wants to obtain; after the patent right is granted, indicate what scope of protection the country grants to the patentee.

The claims are based on the description and use the technical features that constitute the technical solution of the invention or utility model to indicate the scope of patent protection required. Depending on how they are drafted, claims can be divided into two types: independent claims and dependent claims.

The independent claim should reflect the technical solution of the invention or utility model as a whole and record the necessary technology required to solve the technical problem to be solved by the invention or utility model. feature. The sum of necessary technical features should be sufficient to constitute a technical solution for an invention or utility model, and it should be novel and creative than existing technical solutions.

Dependent claims should use additional technical features to further qualify the cited claims. Additional technical features may be technical features that further define the technical features of the cited claims, or may be additionally added technical features. The technical features contained in a dependent claim include not only the technical features to which it is attached, but also all the technical features of the claim to which it is dependent. Therefore, the scope of protection determined by a dependent claim is smaller than the scope of protection of the claim to which it is dependent.

An invention or utility model shall have only one independent claim, which shall be written before the dependent claim. Claims should be based on the description, and claims should be clear and concise.

3. Time limit for priority application

Priority The principle originates from the Paris Convention for the Protection of Industrial Property signed in 1883. The purpose is to facilitate nationals of contracting countries to apply for patents or trademarks in other contracting countries after filing patent or trademark applications in their own country. The so-called "right of priority" means that after the applicant files an application for the first time in a contracting country, he can apply for protection in other contracting countries on the same subject within a certain period. In some respects, his subsequent application is regarded as the first application. filed on the application date. In other words, subsequent applications filed by the applicant enjoy priority status compared with applications filed by others on the same subject matter after the date of the first filing.

With the development of the patent system, the principle of priority is no longer limited to providing such preferential treatment only to foreign applicants, but has been further expanded to apply to domestic applications. Persons, that is, if the applicant files a first patent application in his own country and then files another application for the same subject matter in his own country within a certain period, he may also enjoy the priority of the first application.

The principle of priority means that a person who has filed an application for patent, utility model, design or trademark registration in a member state of the Paris Union or his legal successor of the right, within the prescribed period (12 months for patents and utility models, designs and trademarks within 6 months), enjoy the priority of filing applications in other member states. It can be seen that the priority principle does not apply to all industrial property rights, but only applies to invention patents, utility models, designs and commodity trademarks , and the terms are also different.

When understanding patent priority, you should pay attention to:

1. The right of priority is an ancillary right to the right to apply for a patent. Without the right to apply for a patent, there is no right of priority.

2. Only when the patent applicant files a Only after the patent application is filed, the patent application right may derive the right of priority.

3. The right of priority has strict time limits, that is, only within the priority period stipulated by law. , the priority is valid, and it is invalid if it expires.

4. If the two applications filed by the patent applicant are in the same country, the patent applicant will enjoy The priority is the domestic priority; if it is in a different country, it is the foreign priority.

5. The priority cannot be automatically generated, that is, when the patent applicant files the If you claim priority in a subsequent application, you must submit an application for priority at the same time as the subsequent application, and submit the corresponding valid certification documents as required. Only after passing the review can priority be generated.

6. The later application claiming priority and the earlier basic application must have the same subject matter, but the subject matter of the later application can be an improvement of the earlier basic application.

As can be seen from the above, if you want to apply for patent priority, you should first apply for patent rights. After applying for patent rights, you can apply for patent priority, and in When applying for patent priority, you must decide whether to apply for national patent priority or international patent priority. If you still have questions about applying for patent priority, you can consult the relevant departments. If you still have questions about this, Legal Savior Network Lawyer online consultation services are also provided, and you are welcome to have legal consultation.