technical solutions, you can apply for a patent for invention; for the shape of the product, the structure or the combination of the proposed new
technical solutions suitable for practical use, you can apply for a utility model patent; for the shape of the product, the pattern or the combination of the product, and the combination of the color and the shape, the pattern
cases of new designs with a beautiful sense and suitable for industrial application, you can apply for a design patent. and suitable for industrial application of the new design, can apply for a design patent.
To apply for a patent for invention and a patent for utility model, the application documents include: a patent application, a specification, a drawing attached to the specification, a statement of claim, an abstract and a drawing attached thereto, each in duplicate.
Writing Patent Application Documents
The applicant usually hires a licensed patent attorney to help with the patent application, and after both parties sign an agreement of entrustment, the applicant generally provides
the patent submission, and the attorney writes the documents according to the content of the submission. Patent application documents include the specification, claims,
claims, specification drawings, abstracts, etc., of which the claims are legal documents to determine the scope of protection of the patent,
other documents on the invention to make detailed disclosure of the invention and the scope of protection of the claims to give textual and substantive support.
Pre-patent search
Before filing a patent application, it is advisable to conduct a search to determine which elements of the invention are "prior art". If the subject matter to be applied for is already documented in the retrieved patent literature or other public publications, this may affect the prospects of the application being granted. In addition,
even if it is not documented, if others are able to determine that it is common knowledge in the field, this could result in rejection of the patent application.
Patent application document writing
Inventions and utility models: the request, the specification and its abstract, the claims; the invention may have accompanying drawings as needed, and the utility model
must have accompanying drawings; applications for inventions involving new biological materials should be submitted with a certificate of preservation and a certificate of survival; where nucleic acid or
amino acid sequences are involved, the sequence list should be submitted with a machine-readable text.
Designs: a request, pictures or photographs; a statement of the product in which the design is used and the category to which it belongs; if the request is for protection of color
colors, color pictures or photographs shall be submitted; a brief description of the design, if necessary; the brief description shall indicate the design
points, the omitted views, and the colors to be protected.
Patent Application Documents Submitted to the Patent Office
The China Patent Office will examine the patent application documents, and during the examination process, the patent attorney will carry out patent corrections, opinions
statements, defenses, and changes, etc. The applicant should cooperate with the patent attorney if necessary. If necessary, the applicant should cooperate with the patent attorney to complete the above work.
Patent Office Review Conclusion
The Chinese Patent Office will make a conclusion of authorization or rejection according to the review, and the time of this process is generally: design
6 months or so, utility model 6-8 months or so, and invention patents for one and a half to two years. (From the date of filing the application
full of a certain period of time) that will be published, granting provisional protection; in a certain number of years after publication (China's 3 years) by the applicant
request the patent office to carry out a substantive examination, overdue request for a substantive examination, then deemed to be withdrawn from the application.)
Proceeding with Patent Registration Procedures or Request for Reexamination: If the patent application is granted, it will be registered according to the requirements of the Notice of Patent Grant
and receive a patent certificate. If the patent application is rejected, it will be determined whether to file a request for reexamination according to the specific circumstances. This concludes the patent application process.
Appearance patents are the simplest, and can be obtained in 4-5 months, with an individual application costing about 700 all-inclusive; a company application costs about 1100
; utility patents take about 8 months to obtain a certificate, with an individual application costing about 1300, and a company application costing about 2200; and invention patents are the most difficult to obtain, and take the longest, about 4000, and are difficult to obtain in 2-3 years
. It takes the longest time, 2-3 years, and is very difficult to pass. It takes the longest time, 2-3 years, and it is hard to pass. After getting the certificate, there will be annual fee from the second year onwards, and you can consult with the patent agency for details. The above costs include all the agency fees, application fees, taxes,
printing costs and the first year's annual fee and so on.