What is the process of applying for a patent by an individual
1. Consultation. Communicate with us and consult about patent knowledge in order to understand the basic processes and theories;
2. Write a technical briefing. We will keep your technical disclosure strictly confidential;
3. Chinese patent search, pay the search fee first. Purpose: Preliminarily confirm the novelty of the application content in Chinese patents; prevent infringement of other people's patent rights in China. Operation: Search Chinese patents (that is, Chinese patents and patents applied by foreigners to China and published or announced). Additional search fees and translation fees will be charged for searching foreign language patents. Searching for an invention patent does not guarantee that the patent right will be granted. The main thing is to find existing technical documents that are close to the invention.
4. Agent. Ordinary agent: Basic agency fee is charged. Urgent agency: 40% of the basic agency fee will be charged. Based on the original materials provided by the applicant, the agent will draft application documents that comply with the provisions of the Patent Law, Implementing Rules of the Patent Law, and Examination Guidelines.
5. Acceptance: After receiving the application documents mailed or submitted, the National Patent Office will send back the "Notice of Acceptance", and the applicant will get the "Notice of Acceptance" The application fee must be paid to the China Patent Office on time or within two months from the date of application. If the application fee is delayed, the application fee shall be paid in proportion to the delay. At the same time, we will charge a handling fee. The patent application will be deemed withdrawn if the fee is paid after the due date.
6. Preliminary examination: The National Patent Office will conduct a preliminary examination of the submitted application documents. The applicant will receive the "Notice of Qualification for Preliminary Examination" or 3 days from the date of application. Pay the examination fee to the Patent Office within the year. The full examination fee is 2,500 yuan. If you enjoy the reduction treatment, you will pay the reduction proportion. At the same time, our office charges a handling fee of 150 yuan. If you pay this examination fee early, you can enter the examination process earlier. If the examination fee is paid after the due date, the patent application will be deemed to be withdrawn.
Relevant knowledge:
(1) First of all, you shouldClarify whether the invention he holds is a service invention or a non-service invention: a service invention refers to an invention made by the inventor or designer to complete the tasks assigned by the unit where he or she works, or mainly by taking advantage of the material conditions of the unit where he or she works. Service inventions It is up to the unit to apply for a patent, and individuals do not have the right to apply. Non-service inventions refer to inventions made entirely by employees using their personal abilities after completing work assigned by the unit where they work. Non-service inventions can be patented by individuals.
(2) Application document requirements: To apply for a patent, you should submit a request, description, abstract, claims and other documents. The request shall state the name of the invention, the name of the inventor or designer, the applicant's name, address and other matters. The description should provide a clear and complete description of the invention, and the claims should describe the scope of patent protection required.
(3) First-to-file principle: The granting of patent rights in my country adopts the first-to-file principle, that is, when two or more applicants apply for patents for the same invention, Patent rights are granted to the first person to apply.
(4) Review and approval of patent applications: After the Patent Office receives the invention patent application, if it is determined through preliminary examination that it meets the requirements of the patent law, the period of application shall expire from the date of application. It will be announced in eighteen months.
After receiving the application documents mailed or submitted, the National Patent Office will send back the "Notice of Acceptance". After the Patent Office receives the invention patent application, it is deemed that after preliminary examination If it meets the requirements of the Patent Law, it will be published immediately after eighteen months from the date of application. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
