Introduction to invention patent
"Invention" as used in patent law means a new technical proposal for a product, method or improvement thereof. Its characteristic is: first, the invention is a new technical scheme. It is a technical solution to solve various problems in production, scientific research and experiment by using natural law. Secondly, invention can be divided into product invention and method invention. Product inventions include all goods created by man, and method inventions include all methods of making use of the laws of nature. The method invention can be divided into two types: manufacturing method and operating method. In addition, an invention protected by patent law may be an improvement on an existing product or method.
The invention granted a patent right shall be novel, creative and practical. Novelty is to point to in before the date of filing no same invention or utility model on the publications published both at home and abroad, used in the domestic public or known to the public by any other means, nor the same invention or utility model by others to apply for the administrative department for patent under the state council proposed and recorded in patent application documents published after the date of filing. Creativeness means that compared with the existing technology before the application date, the invention has prominent substantive characteristics and remarkable progress, and the utility model has substantial characteristics and progress. Practicability means that the invention can be made or used and can produce positive effects.
The process of applying for a patent
1. Agreement signing
In order to guarantee the interests of both parties, especially the rights of the inventor, both parties shall first sign the following agreement.
2. Technical disclosure
The inventor provides the technical disclosure document. In order for the agent to better understand the technical content and facilitate communication, the following contents shall be specified:
(1) general description of the application fields and principles of products or methods now commonly used.
(2) the technical scheme of the existing technology related to the present invention may be a description of the existing product or method, etc.
(3) the disadvantages of the existing technology shall be pointed out according to the advantages of the invention.
(4) technical problems to be solved by the invention.
(5) the complete technical scheme provided by the present invention, including specifications, drawings, reports and other technical documents.
3. Document writing
1 and 2 documents written by corresponding professional patent agent after complete patent application documents, in the process of writing agent will communicate with the inventor technical content at any time, in order to timely and accurate complete patent application documents.
4. Patent application
The inventor shall, within one working day after confirming the application documents, submit the patent application documents, and obtain the "notice of acceptance of patent" and "patent application benefit number";
About 2 months qualified for a patent for invention, and publicly within 18 months, then can start real trial, under normal circumstances a year and a half may authorize "authorization letter", after 1 ~ 2 months to obtain the certificate of "patent".
If the application for a patent for invention is made public in advance, the preliminary examination shall be qualified, and then the actual examination may begin. Under normal circumstances, the "notice of authorization" can be authorized for about two years.
5. After authorization
Notify the inventor on time every year to pay the annual fee and pay the fee to the Patent Office on behalf of the inventor. To be responsible for timely informing the inventor of information about the patent to other patent offices.
The above 1 ~ 2 items need your company's assistance to complete, and the others are independently completed by our company.
Documents required for application
The application documents for a patent for invention shall include: the request for a patent for invention, the specification, the appended drawings of the specification, the patent claim, the abstract of the specification, the abstract appended drawings, and the request for substantive examination.
If the application fee is slowed down, a request for fee reduction and corresponding supporting documents shall be submitted.
The client only needs to provide the basic technical disclosure form and the application identification document.
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