What materials are needed for national patent application
(1) Relevant documents and Materials
For example, prior patent documents, literature, journals, drawings, etc. that are close or similar to the application project. When entrusting you to apply for a Chinese invention patent, it is best to conduct a patent search in advance. Otherwise, the applied project will easily be rejected during the application review process.
(2) Written technical information
1. The technical field and application of the applied project Scope, as well as technical measures, technical means, methods or methods in the existing technology that achieve the same or similar effects as the applied project;
2. The invention of the applied project purpose and what technical problems need to be solved.
3. Use words and drawings to describe in detail the technical measures and technical features that achieve the invention purpose of the applied project. For example: the project being applied for is a product, the technical measures and technical characteristics refer to: the structure of the product, the connection, layout, mutual relationship of each part and their role in the project being applied for, the combination of various parts Method and detailed dynamic method, what is applied for is a method, technical measures and technical characteristics refer to the process, process parameters and relevant details of the process. In addition, at least one specific example of the applied project should be provided (the specific example here does not refer to the model or object, but the drawings and text descriptions showing the specific examples. Only if the application project cannot be explained through drawings and text) Only when technical measures are required can models or objects be provided to illustrate the subject of the application).
The drawings provided should be drawn on A4 paper with a carbon pen. There should be no text, frame lines, dimension lines, or dimension marks on the drawings. Each part and component can be marked with a number (1, 2, 3...), and the name of the part represented by each number can be written on another piece of paper.
4. Experimental data and results of the applied project, or phenomena produced during the experiment;
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5. Objectively explain the advantages and disadvantages of the invention based on specific examples and practical (experimental) test conclusions. If there is no experimental data or experimental conclusions, the inventor should Conduct an objective analysis of the invention and infer the possible advantages and disadvantages of the invention;
6. The inventor believes that the technical characteristics of the applied project are different from the existing technology. Department;
7. Contents that the inventor believes should be technical secrets.
About patents Provisions on Electronic Applications
Article 1 is for the purpose of regulating the procedures and procedures related to patent applications transmitted through the Internet and filed in the form of electronic files (hereinafter referred to as patent electronic applications). Requirements, to facilitate applicants to submit patent applications, improve patent review and approval efficiency, and promote e-government construction, are formulated in accordance with Article 2 and Article 15, Paragraph 2, of the Implementing Rules of the Patent Law of the People's Republic of China (hereinafter referred to as the Implementing Rules of the Patent Law) These regulations.
Article 2: Anyone who files an electronic patent application must sign the "Patent Electronic Application System User Registration Agreement" (hereinafter referred to as the user registration agreement) with the State Intellectual Property Office in advance. Agreement).
A patent agency that provides patent electronic application agency business shall sign a user agreement with the State Intellectual Property Office in the name of the patent agency.
If the applicant entrusts a patent agency that has signed a user agreement with the State Intellectual Property Office to handle the patent electronic application business, there is no need to sign a separate user agreement with the State Intellectual Property Office.
Article 3 If there are two or more applicants and no patent agency has been entrusted, the applicant who submitted the electronic application shall be the representative.
Article 4 Applications for invention, utility model and design patents may be filed in the form of electronic files.
Implemented in accordance with the Patent Law Patent applications that enter the Chinese national phase as stipulated in Paragraph 2 of Article 101 of the Rules can be submitted in the form of electronic files.
If an international patent application is submitted to the State Intellectual Property Office in accordance with the provisions of Paragraph 1 of Article 101 of the Implementing Rules of the Patent Law, this provision shall not apply.
Article 5 If the invention-creation for which a patent is applied for involves national security or major interests and needs to be kept confidential, the patent application shall be submitted in paper form.
After the applicant files a patent application in the form of an electronic file, if the State Intellectual Property Office believes that the patent application needs to be kept confidential, it shall convert the patent application into paper form for continued review and notify the applicant. The applicant shall submit the application in paper form in subsequent procedures. Submit various documents in the form of documents.
In accordance with Article 8, Paragraph 2, Item (1) of the Implementing Rules of the Patent Law, directly apply for a patent in a foreign country or apply to relevant foreign institutions. When submitting an international patent application, the applicant's confidentiality review request and technical plan submitted to the State Intellectual Property Office shall be submitted in paper form.
Article 6 Submission of Patents Electronic applications and related documents must comply with the prescribed file formats, data standards, operating specifications and transmission methods. If electronic patent applications and related documents cannot be normally received by the patent electronic application system of the State Intellectual Property Office, they shall be deemed not to have been submitted.
Article 7 When applying for various procedures for electronic patent applications, applicants shall submit relevant documents in the form of electronic documents. Unless otherwise provided, the State Intellectual Property Office shall not Relevant documents submitted by the applicant in paper form will be accepted. If the provisions of this paragraph are not met, the relevant documents will be deemed not to have been submitted.
Submit a patent application in paper form After being accepted, the applicant may request to convert the paper application into an electronic patent application, except for patent applications involving national security or major interests that need to be kept confidential.
If it is necessary to convert a patent electronic application into a paper application under special circumstances, the applicant should make a request, and the application can be converted into a paper application after being approved by the State Intellectual Property Office and completing relevant procedures.
Article 8 When an applicant goes through various procedures for patent electronic application, the applicant may submit the original documents that are required to be submitted in the form of originals as stipulated in the Patent Law and its Implementing Rules or the Patent Examination Guidelines. Electronically scanned documents. When the State Intellectual Property Office deems it necessary, it may require the applicant to submit the original document within a specified period.
The applicant requests a reduction when filing an electronic patent application. Pay or postpone the payment of various fees stipulated in the Implementing Rules of the Patent LawIf relevant supporting documents are submitted, an electronic scan of the original supporting documents shall be submitted when filing a patent application. Failure to submit electronically scanned documents will be deemed as failure to submit relevant supporting documents.
Article 9 For various documents submitted to the State Intellectual Property Office in the form of electronic documents, the date on which the electronic documents are received by the Patent Electronic Application System of the State Intellectual Property Office is the submission date.
For patent electronic applications, various notices, decisions or other documents issued by the State Intellectual Property Office to the applicant in the form of electronic documents shall be effective from the date of issuance of the document. After 15 days, it is presumed to be the date on which the applicant receives the documents.
Article 10 All provisions of the Patent Law, its Implementing Rules and Patent Examination Guidelines regarding patent applications and related documents, except those specifically for those submitted in paper form In addition to the provisions on patent applications and related documents, electronic patent applications apply.
Article 11 The State Intellectual Property Office is responsible for the interpretation of these regulations.
Article 12 These regulations will come into effect on October 1, 2010. The "Regulations on Electronic Patent Applications" issued by the State Intellectual Property Office Order No. 35 on February 12, 2004 are repealed at the same time.
Patent application is one of the indispensable links for patentees to obtain patent rights. Although the process and procedures of patent application are not complicated, they require the patent applicant’s For detailed preparation, patent applicants must submit relevant materials in strict accordance with the relevant requirements of the patent law. If you need to know more about patent applications or other patent legal issues, the Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.