①. The principle of request: someone must file a patent application, the patent office can accept;
②. Written principle: the submission of the various procedures should be in writing; and signed or sealed by the applicant; the application documents must refer to the unified form of the Patent Office.
③. The principle of first-to-file: if two or more applicants apply for a patent for the same invention, the patent right shall be granted to the first applicant.
④. The principle of priority: If the applicant files a patent application for the same subject matter with the Patent Office within 12 months from the date of the first filing of the patent application for the invention or utility model in China (but the patent is not granted), the applicant shall enjoy the priority of the country.
⑤. The principle of singularity: it is not allowed to put two different inventions or utility models in the same patent application, or to put two designs of one product or two or more product designs in one patent application. However, the following cases can be put in a patent application: A. a product and the method of manufacturing the product; B. a product and the mold for manufacturing the product; C. two must be used in conjunction with each other to use the product; D. belonging to the general technical idea of several technologically related products or a product has a different embodiment of several.
2. Documents to be submitted for patent application (the documents must refer to the unified form style prescribed by the Patent Office)
①. Application for a patent for invention documents required: patent application for invention; specification; claims; specification of the abstract; with drawings can be submitted at the same time as the specification of the drawings and the abstract of the drawings. The above documents are required in duplicate. Requirements to mitigate a variety of patent fees can be submitted at the same time to mitigate the cost of two copies of the request.
②. Application for utility model patent documents: utility model patent application; specification; claims; specification abstract; specification drawings; abstract drawings. The above documents are required in duplicate. Requirements to slow down a variety of patent fees can be submitted at the same time to slow down the cost of two copies of the request.
③. Documents required to apply for a design patent: two copies of the design patent application; two copies of the design drawings or photographs; two copies of color and black-and-white drawings or photographs should be submitted to protect the color; two copies of the brief description of the design; two copies of the request for mitigation of the cost of various patents can be submitted at the same time to mitigate the cost of two copies of the request.
The above documents must be printed text (typed or printed in 4, small 4 or 5 characters of Song, Fangsong, handwriting in black, must be clear; paper for A4 printing paper or copy paper; the article plate center position: from the upper edge of the paper and the left side of the margin of 2.5 centimeters, from the right side of the margin and the lower edge of 1.5 centimeters), and always use the form format specified by the Patent Office.
3. Composition of Patent Application Documents
A. Composition of Request: Fill in the form according to the content and tips.
B. Specification: according to the name of the invention or utility model, the technical field, the background technology, the purpose of the invention, technical program, beneficial effects, combined with the accompanying drawings to further illustrate the specific implementation of these steps one by one to discuss.
C. Claims: should be based on the specification, independent claims and dependent claims. When there are a number of claims, should be numbered in Arabic numerals in order, under normal circumstances, the first claim that is independent of the claim, the rest of the dependent claims, the need for independent of the technical characteristics of the claim to do further limitations, that is, the dependent claims. Independent claims are usually divided into the preamble and features. a. Preamble, stating the name of the subject matter of the claimed protection and the necessary technical features with the prior art ***; b. Features, using the "features of ．．．．．．" or similar terms, stating the name of the subject matter of the claimed protection and the necessary technical features with the prior art***; c. Features, using "features of ．．．．．．" or similar phrases, and the unique technical features that distinguish it from the prior art. The preamble, together with the characterization part, constitutes the scope of protection claimed in the patent application.
The writing of dependent claims includes the citation part and the limitation part. a. Citation part: state the number of the cited claim and its subject matter name; b. Limitation part: state the additional technical features that are required to be protected.
D. Specification drawings. Utility model patents must have attached drawings; invention patents generally have attached drawings, but if the text alone is sufficient to clearly and completely describe the technical program, there can be no attached drawings.
The accompanying drawings can be in various forms: a. For inventions in the field of machinery, various views can be used to reflect the shape and structure of the product. b. For inventions in the field of electrical appliances can be circuit diagrams, block diagrams, schematic diagrams; c. For inventions in the field of chemistry can be used as a chemical structure of the accompanying drawings; d. For inventions in the field of methods, the accompanying drawings can be a representation of the method of the process of the various steps. Figure. Requirements for the accompanying drawings: a. The accompanying drawings shall comply with the national standard for mechanical drawing, i.e., they shall be drawn with drawing tools (or computer drawing), with black ink, with even and clear lines, without coloring on the surface of the drawings, without framing lines around the drawings, and without the use of pencils or pens, but the accompanying drawings do not need to be labeled with proportions and dimensions. b. The size and clarity of the accompanying drawings shall ensure that the drawings, when reduced to 4×6 cm, can still be clearly distinguished. c. For inventions in the field of chemistry, chemical structure formulas may be used as the accompanying drawings. The size and clarity of the drawings should ensure that when the drawings are reduced to 4 x 6 centimeters, they can still be clearly distinguishable from the details of the drawings, and meet the requirements of photographic plate; c. Several drawings attached to the same patent application can be drawn on the same piece of paper in a special format and numbered sequentially with Arabic numerals, using the form of "Fig. x x x" to indicate. d. If the same patent application has multiple pages of drawings attached to the patent application, the Arabic numerals should be used to prepare the page numbers consecutively; e. The drawings used in the same patent application shall be The same patent application must be used in the accompanying drawings mark consistent, in the specification is not mentioned in the mark shall not appear in the accompanying drawings; f. In addition to the necessary words in the accompanying drawings, should not contain other notes.
E. Abstract: a. The abstract should state the technical field of the invention or utility model, the technical problems to be solved, the main technical features and uses. The application for utility model products should be written in its shape, structure or its combination of features. It should not be written as an advertisement or a mere functional introduction of the product; b. The abstract should not be titled and can be written consecutively; c. For inventions in the field of chemistry, the abstract can include one of the chemical formulas of the application that best describes the characteristics of the invention. The abstract can also include mathematical formulas or reaction formulas. d. The abstract does not need to be divided into paragraphs, and the whole text should not exceed 200 words.
F. Abstract drawings: for the specification of the drawings, should be submitted separately from the specification of the drawings selected from the drawings, the most illustrative of the technical characteristics of a drawing, as a summary of the drawings, drawings of the size and clarity should be ensured in the figure is reduced to 4 × 6 centimeters, can still be clearly discerned in the figure of each detail.
4. Composition of design patent application documents
The application for a design patent needs to be submitted: design patent application; design drawings or photographs; if necessary, should also be submitted to the brief description of the design.
The design drawings or photographs should be drawings or photographs of different sides or states of each product, and generally there should be six views (main view, elevation view, left view, right view, top view, rear view), and if necessary, there should also be sectional views, sectional drawings, reference drawings of the state of use and three-dimensional drawings.
A. Appearance design drawings or photographs a. The size of the drawing shall not be less than 3 × 8 cm, nor greater than 145 × 22 cm, the clarity of the drawing should ensure that when the drawing is reduced to two-thirds, it can still be clearly discerned in the drawing of the various details. b. Drawing with black ink and drawing tools, the lines are even and clear, do not use pencils, pencils, pens and pens to draw, the lines are even and clear. c. The drawing shall be made with a black ink and drawing tools, even lines and clear, and the lines are even and clear, and the lines are even and clear, and the lines are even, Continuous, suitable for copying requirements, c. Graphics should generally be arranged vertically, and according to the design size of the proportion of drawing. Need to be arranged horizontally, the upper part of the graphic should be oriented to the left side of the drawing. d. Graphics are not drawn in the center line, size line, shaded line, and generally do not appear dotted line or marking line. No text, trademarks, service marks, quality marks, or portraits of recent figures shall be included in the graphics. Artistic text can be regarded as a pattern. e. Several views should preferably be drawn on one page of drawings; if they are not enough, they can be multiple drawings, but they should be sequentially numbered. All directions view and other various types of drawings, should be drawn according to the projection relationship, and indicate the name of the view. f. Drawing color pictures of paper, drawing paper should be thicker drawing paper drawn and pasted to the standard format of the "appearance of the design drawings or photographs" of the document paper. g. Photographs should be the same size as the requirements of the figure. h. Photographs should not be folded, and according to the relationship between the view h. Photographs shall not be folded, and according to the relationship between the view dipped in the "design drawings or photographs" on the paper, the left side and the top of a minimum of 2.5 centimeters, the right side and the bottom of a minimum of 1.5 centimeters.
B. Brief description of the design
The brief description is a brief explanation and supplement to the design drawing or photograph. There shall be no commercial promotional terms, and can not be used to explain the use and performance of the product. Brief description should be concise, easy to understand. All of the following cases should have a brief description:
a. Omitted views: design products left and right, up and down, before and after the symmetry of the product, you can omit a view, but to use language, such as "left view and right view symmetry (the same), omit the right view". In addition, the product does not belong to the direction of the creative part, you can also omit the view, for example, "the bottom of the product does not belong to the creative part, omit the elevation view".
b. Highlight the main creative part of the design is more complex, the existing design part, the innovative part of the case is not easy to be noticed, you can write the main points of creation or design, in order to strengthen patent protection. For example, the design of the lamp, the innovation only involves lampshade, other parts of the existing design, should be explained.
c. Supplementary diagrams or photographs of the contents of the difficult to express: if the product appearance or part of the appearance is made of transparent materials and in the picture can not express the "transparent", in the picture or photograph of the transparent part of the lead marking line, note A, B, etc., and in the brief description of A, B, etc., for the transparent parts.
d. Figure or photo only indicates the localization of the product: longer products, such as profiles, I-beams, etc., you can draw a section of the length of the product in a brief description of the full length and width ratio. Some textiles, such as carpets, up and down, left and right can be omitted, only need to draw a local pattern and pattern, but in a brief description of the length and width of the dimensions should be described.
e. When the effect of the design product is related to the manufacture of special materials, the brief description should indicate the material.
f. For design products that require color protection, in addition to providing two sets of color and black diagrams or photographs, it should also be stated in the brief description, the product should be protected color.
g. Newly developed products, especially in the design classification table is not yet available, to write in the brief description of the product's use and purpose, in order to clarify the protection category and the Patent Office Supplementary Classification Table.
5. Mitigation of application fee and other costs
While filing the patent application documents, you can submit the "request for fee mitigation" together with the request for fee mitigation should state the reasons for the mitigation. If two people*** apply for the same application, the annual income of each person should be written; write down the various types of fees that are requested to be mitigated. The types of fees that can be mitigated include five types: application fee, examination fee, maintenance fee, reexamination fee, and annual fee for the first three years after the patent is granted. The above five types of fees can be requested to be mitigated at the same time.
6. Submission of Patent Application Documents
Patent application documents can be submitted directly to the Patent Office or sent by registered mail through the post office. The application documents are generally not allowed to be folded, and they should be sent by registered mail in envelopes that can hold A4 paper. However, the best way is to use "express mail" through the post office.
The address of the State Patent Office of China Intellectual Property Office:
(100088) No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing, China
The documents of the patent application can be submitted or mailed to the Patent Acceptance Division of the Patent Office of China by registered post
The patent fee can be submitted directly or mailed to the Fee Management Division of the Patent Office of China by registered post
* The patent fee can also be submitted by Shenzhou Huamao. The fees can also be submitted by Shenzhou Huamao, contact: 010 68008286/96/98/5191
7. Payment of Fees and Charges
The fees and charges can be paid directly to the Patent Office on the spot within the stipulated period of time (the application fee can be paid at that time if the application is submitted directly to the Patent Office), or by remittance through the postal service within the stipulated period of time. If the application is filed through the post office (after about one month), the application fee is due upon receipt of the "Notice of Acceptance" issued by the Patent Office within two months from the filing date of the application. It is important to note that the deadline is never within two months from the date of issuance of the "Notice of Acceptance".
A patent application for which a patent right has not yet been granted is not subject to the payment of an annual fee for the year in which it is filed. In the case of a "Notice of Registration", within two months from the date of issuance of the Notice, the payment of various fees, including the annual fee for a certain year, it must be noted that the year referred to must be the year specified in the Notice (counting from the date of filing), and sometimes the year is not necessarily the same as the year in which the Notice was received. For example, the year from the date of application stated in the Notice refers to the year of 1998 (e.g., FY02), and the year in which the Notice was received is the year in which the application was filed. "Therefore, after you have paid the annual fee for the year of 98, do not forget to pay the annual fee for the year of 99 (e.g., the 03rd year), and if you fail to pay the fee by the due date, the Patent Office will notify you to make up for the failure to pay the fee and impose a penalty for late payment.
If the number of claims (including independent and subsidiary claims) of a patent application exceeds ten, an additional surcharge of 30 yuan per claim will be charged from the eleventh claim; if the number of pages (including the number of attached pages) of the specification of a patent application exceeds thirty, an additional surcharge of 25 yuan per page will be charged from the thirty-first page, and from the three hundred and first page, an additional surcharge of 50 yuan per page will be charged if the number of pages exceeds three hundred. 50 yuan per page.
An application for a patent for invention which has not been granted within two years from the date of filing shall be subject to an annual maintenance fee from the third year onwards. The first payment of the application maintenance fee shall be made within the first month of the beginning of the third year, and the application maintenance fee for the subsequent years shall be paid within one month before the expiration of the previous year.
When paying various fees through the post office, the name of the applicant, the patent number or the patent application number, the name of the invention, the name of the fee paid (the items must be listed), the amount of each item must be written in the remittance slip's enclosure column (the application number of the 9-digit arabic numerals, the decimal point does not need to be filled in). If there is any omission, mistake or insufficient amount, it is regarded as not having completed the fee payment procedures.
8. Possible Subsequent Documents (Format of Forms prescribed by the Patent Office must be used)
A. Letter of Correction Within three months from the date of filing of the patent application documents (referring to utility models and designs), the applicant may, on his own initiative, make corrections to the errors in the application documents, such as misspellings, punctuation, markings of accompanying drawings, incorrect terminology, and formatting errors in the drafting of the documents, The applicant's lack of signature or seal, etc., but cannot exceed the scope of the technical solutions and embodiments recorded in the specification.
A patent application for an invention may take the initiative to make corrections to the application documents at the same time as the applicant files a request for substantive examination.
At the request of the patent examiner, the Patent Office will make corrections to the non-compliant areas within a specified period of time, and the Patent Office will reject the patent application if it fails to meet the requirements after three corrections.
All forms of corrections are first filled out in duplicate in the form of a letter of correction (typewritten), and submitted in duplicate to the replacement pages of the corrected document.
B. Statement of Request for Early Disclosure For a patent application for invention, according to the provisions of Article 34 of the Patent Law, the applicant may at any time make a request for early disclosure of the application (submit a statement of request for early disclosure in duplicate), which can speed up the examination and approval process, and the substantive examination can be commenced after the application has been published for eighteen months, but only after the applicant submits a request for substantive examination, references to existing technologies, and pays a fee for substantive examination. However, the applicant must submit a request for substantive review, the reference of existing technology and pay the substantive review fee can be carried out under the premise.
C. Request for Substantive Examination For a patent application for invention, according to the provisions of Article 35 of the Patent Law, the applicant must, within three years from the date of the application, file a request for substantive examination (typewritten draft) in duplicate, submit references to prior art, and pay a fee for the substantive examination, and if the applicant fails to file a request for substantive examination without a justifiable reason, the application shall be deemed to be withdrawn.
D. Statement of Opinions When the Patent Office has made a decision of rejection of a patent application, the applicant has the right to state his dissenting opinions, but should submit a statement of opinions (typewritten) in duplicate, and the reasons should be sufficient.
E. Request for restoration of rights If the applicant has sufficient reasons (such as hospitalization, irresistible natural disasters) for not responding to the notice of the examiner within the prescribed time limit, corrective comments, and payment of fees, etc., and the patent application is rejected, the applicant shall submit a request for restoration of rights (typed) in duplicate, and complete the relevant formalities and provide proofs (e.g., hospitalization diagnosis, etc.), and pay a fee for the restoration of rights. The applicant shall submit two copies of the request for restoration of rights (in typewritten form), complete the relevant procedures and provide proof (e.g., hospitalization diagnosis, etc.), and pay the restoration fee.
F. Request for Reexamination The Patent Office has a Patent Reexamination Board. If a patent applicant is dissatisfied with the decision of the Patent Office on rejection, revocation or affirmation, he/she may, within three months from the date of receipt of the notification, apply for reexamination to the Reexamination Committee of the Patent Office by submitting a request for reexamination in duplicate and paying the reexamination fee. The Reexamination Committee of the Patent Office will notify the applicant of the results of the reexamination, and the applicant, who is dissatisfied with the result of the reexamination, may file a suit with the People's Court within three months from the date of receipt of the notification.
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