1, the subject. Ordinary individuals applying for a patent in China, can apply on their own, can also entrust the patent agency. If it is a special individual, it must entrust the patent agency to handle. Special individuals include:
1) foreigners without permanent residence or establishment in China;
2) Chinese people living or working abroad for a long time;
3) compatriots in Hong Kong, Macao and Taiwan. Chinese individuals in the domestic completion of the invention to apply for a patent in a foreign country, should first apply for a patent to the patent administrative department under the state council, but also entrusted to the patent agency, can not apply on their own.
2, object. Invention creation has invention, utility model and design. Before applying to determine the type, different types of application conditions, costs, rights to protect the content, the economic benefits brought about after the grant of patent rights are different. Applicants need to choose according to their own situation. The term of protection is 20 years for inventions, and 10 years for utility models and designs, all calculated from the date of application.
3, program. Invention patents are subject to preliminary examination and substantive examination, utility models and designs are authorized to publish only after preliminary examination.
1) invention patents need to submit a request, specification, specification abstract and claims, if necessary, should be accompanied by specification drawings.
② utility model wreckage needs to submit a request, claims, specification, specification drawings, specification abstract and abstract drawings.
3 design patents need to submit a request, the design of the picture or photo. Utility model and design patents take about 8-12 months, the form of examination passed, issued a notice of authorization, and go through the procedures for obtaining a certificate, after paying the fee for obtaining a certificate about 2-3 months to get a patent certificate. The specific time depends on the examiner's examination speed and the applicant's detailed information and the provision of accompanying drawings. The applicant should make adequate preparations before applying.