Benefits of patent application

What are the advantages of applying for a patent?

As an intangible asset, patent has great commercial value and is an important means to enhance the competitiveness of enterprises.

2. It is the basis for enterprises to apply for patents on scientific research achievements.

3. The quality and quantity of patents are the embodiment of enterprise's innovation ability and core competitiveness, and the symbol of enterprise's identity and position in this industry.

4. Enterprises can gain long-term benefits by applying the patent system.

5. It is a necessary prerequisite for enterprises to have patents to declare various scientific and technological plans and projects such as high-tech enterprises and innovation funds.

Classification of patent applications

Invention patent: you can apply for an invention patent for a new technical scheme proposed for a product or method or for the improvement of a product or method;

Patent for utility model: you can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products;

Design patent: a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. You can apply for a patent for design.

Detailed explanation of patent application process

1, Filling and Writing of Patent Application Documents

There are specific requirements for the filling and writing of patent application documents. The applicant can fill in or write by himself, or entrust a patent agency to handle it on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.

2. Acceptance of patent applications

After receiving the patent application, the Patent Office's acceptance office or the patent office's agency shall determine the application date, give the application number and issue a notice of acceptance to the application that meets the acceptance conditions.

3. Payment method of application fee

The application fee and other fees can be paid directly to the toll office or agency of the Patent Office, or remitted through the bank or post office. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the money order, and the name of the paid fee shall be abbreviated. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript column. If you remit money through the post office, you should also ask the post office staff to enter the complete mailing address, including the postal code, which will play an important role in future procedures. Fees shall not be sent to the Patent Office.

4. Time to pay the application fee

Those who submit the patent application documents in person may pay the application fee after obtaining the notification of acceptance and the notification of payment of the application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the corresponding application number is required, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.

5. Patent approval procedures

According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. There are only three stages in the examination and approval of an application for a patent for utility model or design, namely acceptance, preliminary examination and authorization.

6. Actively modify and correct the patent application documents.

The active revision and correction of patent application documents is also a procedure that applicants can choose according to their needs. Applications for patents for utility models and designs are only allowed to be actively modified within two months from the date of application; An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.

7. Reply to various notices from the Patent Office

(1) Observe the deadline for reply, and the consequences of late reply are the same as those of failure to reply. Answer the questions pointed out in the notice of review opinions one by one. The reply can agree with the examiner's opinion, and make corrections or amendments to the application according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons.

(2) Defects in format or procedure can generally be eliminated by correction; Obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, we can only defend and state opinions on whether there are or belong to obvious substantive defects.

(3) An application for a patent for invention or utility model shall not be supplemented or modified beyond the scope recorded in the original specification and claims, and an application for a patent for design shall not exceed the scope indicated in the original picture or photograph. When submitting the revised document, a replacement page in the specified format shall be attached.

(4) The defence shall be filed in the prescribed form. For example, supplementary books or statements of opinions should be submitted. For general problems in form or procedure, a supplementary book shall be used and the substantive contents of the application shall be revised. If the applicant disagrees with the examiner's opinion, a statement of opinion shall be used in the defense.

8. The patent application is deemed to have been withdrawn and resumed.

If the prescribed procedures are not completed within the time limit, the application shall be deemed to have been withdrawn, and the Patent Office shall issue a notice of withdrawal. If the applicant has justified reasons, he may request the Patent Office to restore his rights within two months from the date of receiving the notice of withdrawal, and explain the reasons. To request the restoration of rights, it shall submit the Request for the Restoration of Rights, explain the legitimate reasons for delaying the deadline, pay the restoration fee, and at the same time complete the unfinished procedures that should be handled. Generally, the procedures for handling formalities and charging fees should be in the above two places.

9, patent registration procedures

Where an application for a patent for utility model or design has undergone a preliminary examination and an application for a patent for invention has undergone a substantive examination, and no reason for rejection has been found, the Patent Office will issue a notice of authorization and a notice of registration. After receiving the authorization notice and registration notice, the applicant shall register and pay the prescribed fees within two months as required by the notice. If the registration fee and prescribed fee are overdue, the patent office will grant the patent right. A patent certificate shall be issued, recorded in the patent register and announced in the patent gazette, and the patent right shall take effect as of the date of announcement. Failing to go through the registration formalities within the time limit shall be deemed as giving up the right to obtain the patent right.

10. Fees payable for registration procedures

When going through the registration formalities, you don't need to submit any documents. Applicants only need to pay the patent registration fee (including announcement printing fee) and the annual fee and stamp duty for the authorized year. When an application for a patent for invention is authorized, an application maintenance fee shall also be paid. Pay the corresponding fees according to the year specified in the notice of registration in the authorized year.

1 1, patent protection

After the patent application is granted the patent right, the patentee shall pay the annual fee for the next year in advance one month before the expiration of each year. If the annual fee has not been paid or paid in full at the expiration of the period, the Patent Office will issue a notice of payment, informing the patentee to pay the annual fee within six months from the date when the annual fee should be paid, and at the same time, for each month that exceeds the prescribed payment time, the amount of late fees will be calculated at 5% of the full annual fee of the year. If the annual fee is not paid or the amount paid is insufficient, the patent right shall be terminated from the date when the annual fee expires.

12, the termination of the patent right can be divided into:

(1) Expiration and termination: the invention patent right shall be maintained for 20 years from the date of application, and the utility model or design patent right shall be maintained for 10 years from the date of application, and shall be terminated according to law;

(2) Termination of non-payment: If the applicant fails to pay or fails to pay the annual fee and late payment fee in full after the Patent Office issues a payment notice to inform the applicant to pay the annual fee and late payment fee, the patent right shall be terminated from the date of expiration of the previous year.

13, the patent right is invalid

From the date when the patent application is authorized, any unit or individual may request the invalidation of the patent right if it considers that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law. Where a patent right is requested to be declared invalid or partially invalid, the applicant shall pay the fee in accordance with the regulations and submit a request for invalidation in duplicate, indicating the name and patent number of the patent requested to be declared invalid, as well as the facts and reasons on which it is based. Attach necessary evidence. If a party refuses to accept the decision on the request for invalidation of a patent, he may bring a suit in a people's court within three months from the date of receiving the notice. The patent office shall register and announce the decision after it becomes legally effective. The patent right that is declared invalid shall be regarded as nonexistent from the beginning.