What is the application process for intellectual property rights?

In an era of rapid economic development, people are paying more and more attention to intellectual property rights. Patent applications can protect our intellectual property rights and effectively enhance people's enthusiasm for invention and creation. Patents in our country implement the first-to-file principle, so we must seize the opportunity. For your own Patent, you must apply for it in time. Today, the editor of Legal Savior Network has compiled relevant knowledge for you about the process of applying for intellectual property rights.

What is the application process for intellectual property rights

Intellectual property rights include three parts, one is a trademark and the other is a patent , one is copyright. For different application fields, there will be different application conditions.

1. Trademark:

Conditions that applicants for trademark registration must meet: Applicants for trademark registration must be established enterprises, institutions, social groups, and individual industrial and commercial individuals.

1.1. Materials that should be submitted when applying for trademark registration: Copies of the business license and identity certificate of the person in charge, 3 trademark registration applications, company introduction letter, and 15 trademark standard patterns.

1.2. Others: 1. Application for drugs and medical purposes For food and children's food trademark registration, certification documents issued by the health administrative department should be attached. 2. Applications for registration of cigarettes, cigars and packaged tobacco must be submitted to the National Tobacco Competent DepartmentDocuments proving approval of production. 3. When applying for registration of a newspaper or magazine name as a trademark, a newspaper and periodical registration certificate with a unified serial number (CN) issued by the Press and Publication Administration must be submitted.

1.3 The time required for the trademark registration process: Application for trademark inquiry, application for formal examination and substantive examination by the State Trademark Office, preliminary examination announcement, approval and registration completed.

2. Patent:

Patent applications are divided into three types: invention, utility model and design. New technical solutions proposed for products, methods or improvements can be applied for invention patents; new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use can be applied for utility model patents; for the shape of the product , patterns or their combination, as well as the combination of color, shape, and pattern to create a new design that is aesthetically pleasing and suitable for industrial application, you can apply for a design patent.

2.1. When applying for an invention patent, the application documents should Including: invention patent application, description (with drawings if necessary), claims, abstract and drawings, each in duplicate. When applying for a utility model patent, the application documents shall include: utility model patent request, description, drawings of the description, claims, abstract and drawings, each in duplicate.

2.2. When applying for a patent, the applicant shall Application documents can be submitted or mailed directly to the Patent Office Acceptance Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office Acceptance Office), or they can be submitted or mailed to the patent agencies established by the State Intellectual Property Office, which are currently located in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou,Xi'an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, and Changchun have established patent agencies of the State Intellectual Property Office; the National Defense Patent Branch specializes in accepting national defense patent applications.

2.3. Invention or utility model patent application documents should Arrange in the following order: request, abstract of description, drawings of abstract, claims, description, drawings of description and other documents. Design patent application documents should be arranged in the order of request letter, pictures or photos, and brief description. Each part of the application document should be numbered sequentially using Arabic numerals.

2.4. There are specific requirements for filling in and writing application documents. Applicants can fill in or write the requirements themselves, or entrust a patent agency to handle them on their behalf. Although it is not compulsory to appoint a patent agent, considering the importance of carefully drafting application documents and the legal rigor of the approval process, it is worth promoting for inexperienced applicants.

3. Copyright:

Copyright is the legal right of a certain unit or individual to a certain work The right to print, publish and sell. Anyone who wants to copy, translate, adapt or perform must obtain the permission of the copyright owner, otherwise it will be an infringement of the rights of others. The essence of intellectual property rights is to treat human intellectual achievements as property. Copyright is a civil right enjoyed by original authors of literary, artistic, scientific and technological works in accordance with the law.

3.1 The applicant submits registration application materials--Registration The agency verifies the received materials—notifies payment—the applicant pays the registration fee—the registration agency accepts the application—reviews—produces and issues the registration certificate—announcement.

3.2 In China, copyright arises from the date the work is created, and copyright registration is not the acquisition of copyright. However, the copyright registration certification document is a preliminary proof of the registration matter and can be used as a certification document to claim rights or initiate administrative processing or litigation of rights disputes. Computer software can be registered by the China Copyright Protection Center; other original works: text, art, photography, film, music, architectural works and engineering design drawings, etc., can be registered by the provincial copyright registration department. In some countries, unregistered works will have adverse consequences.

The above is compiled for you by the editor of the Legal Savior Network For relevant knowledge about the intellectual property application process, if you are in this situation, it is recommended that you consult our lawyers. Our Legal Savior Network platform provides free legal consultation. You can consult any online lawyer to solve your problems.