What should you pay attention to when applying for a patent?
1. Application type Consider
When it is decided to apply for a patent for an invention, you should first consider what type of patent to apply for. It is necessary to protect the market from competition to the maximum extent while spending less money. According to the provisions of the Patent Law, in addition to the application for invention patents for process patents, product patents must be based on their vitality in the market. Under normal circumstances, in addition to groundbreaking inventions that require invention patents, a large number of new products are suitable for utility model patents. For some products, even just applying for a design patent is enough to obtain market protection.
2. Grasp the timing of application
my country’s patent law implements the first-to-file principle. Will be awarded to the earliest applicant. Therefore, once you decide to apply for a patent, you should file it as early as possible.
3. Selection of agencies and agents
When deciding to apply for a patent, you should also consider whether to entrust an agency. For ordinary individuals and companies, entrusting a patent attorney to apply for a patent is the best way. Patent application documents not only have strict legal procedures, but their contents are directly related to whether they can be approved, whether they can be authorized and protect the invention to the maximum extent, and even contain the basis for future corrections. The quality of the application documents actually reflects the quality of the patent right. A common problem that arises is that the applicant has written the document himself, but it has been returned for revision by the Intellectual Property Office many times. It is really impossible to find an agent anymore, and it is difficult to complete the result because subsequent revisions must not exceed the scope of the first application. This is time-consuming and time-consuming.
1. my country's patents are divided into three categories: invention patents, utility model patents, and design patents.
Invention patent: for products, methods or improvements to products or methodsThe new technical solution proposed can apply for an invention patent;
Appearance design: the shape, pattern or combination of the product, as well as the combination of color, shape and pattern. New designs that are aesthetically pleasing and suitable for industrial applications can apply for design patents;
Utility models: proposed for the shape, structure or combination of products New technical solutions that are suitable for practical use can apply for utility model patents.
Relevant notes on application documents
Invention, utility New type patent: The request should state the name of the invention or utility model, the name of the inventor, the name or name and address of the applicant, and other matters; the description should give a clear and complete description of the invention or utility model, describing the technical field to which it belongs. It shall prevail if the technical personnel can realize it; when necessary, there should be attached drawings. The abstract should briefly describe the technical key points of the invention or utility model; the claims should be based on the description and clearly and briefly limit the scope of patent protection required; inventions and creations that rely on genetic resources.
If you have other legal questions, you are welcome to consult the relevant lawyers on the Legal Savior Network.
No comments yet. Say something...