How to apply for a patent by yourself

1. The process of individual patent application is as follows:

(1) consultation. Consult patent-related knowledge to understand the basic process and theory;

(2) Write technical disclosure;

(3) For patent search in China, the search fee shall be paid first. Confirm the novelty of the preliminary application in China patent to prevent infringement of others' patent rights in China;

(4) agency. According to the original materials provided by the applicant, the agent writes the application documents that conform to the provisions of the Patent Law, the detailed rules for the implementation of the Patent Law and the examination guidelines;

(5) acceptance. After receiving the application documents sent by post or submitted, the State Patent Office shall send back a notice of acceptance;

(6) preliminary examination. The State Patent Office conducts a preliminary examination of the submitted application documents.

2. Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC).

Patented inventions and utility models should be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or made public after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used, and can produce positive effects.

The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.