What is the relevant knowledge about utility model patent application
Utility model patent, also known as small invention or small patent, is the object of patent rights and the object of patent law protection. It refers to the patent rights that should be granted according to law. utility model. Utility models usually refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use.
my country's "Patent Law" clearly regards utility models as one of the objects of patent protection. It stipulates that utility model patents refer to: product shape, structure or It is combined with the proposed new technical solutions that are suitable for practical use. The technical level of this technical solution is lower than that of an invention patent.
Application process
1. Application stage
Utility model application documents shall include: utility model patent request, description, description drawings, claims, abstract and abstract drawings. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
2. Review stage
China implements a preliminary examination system for utility model patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will issue a notice of examination opinion, and the applicant shall respond to the notice of examination opinion orto modify the application documents.
Utility model patents only undergo preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines whether the utility model patent application has the documents stipulated in Article 26 of the Patent Law and other necessary documents, and whether these documents comply with the prescribed format.
3. Authorization stage
(1) Authorization: After passing the preliminary review, review The Commission issues a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
(2) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures.
Main features
First, utility model patents only protect products. The product should be an entity manufactured by industrial methods and occupying a certain space. All related methods (including the use of products) and naturally occurring items that have not been artificially manufactured are not protected objects of utility model patents.
The second is that the creative requirements for utility models are not too high, but they are highly practical and have great practical value.
The third is to protect patent rights by simplifying the approval procedures, shortening the protection period, and lowering fee standards.
The above is some relevant knowledge about patents that the editor of Legal Savior Network has found for you. I hope it can protect everyone’s spiritual wealth! If you have any questions , welcome to consult with lawyers on this website.