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Home-专利领域-Utility model patentsReturn 



1. Chinese patent type

According to Article 2 of the Patent Law of China, patent applications are divided into three types: invention, utility model and design:

The utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of the products.

The patent type of utility model only protects specific products (shape, structure, etc.). It is shorter than the invention patent review cycle, and the cost is also low. Without substantive examination, it is the first choice for obtaining protection as soon as possible.

2. Steps to apply for a utility model patent

(1) Before applying for a patent, under the professional guidance of our agent, analyze your invention and consider which kind of patent (invention or utility model or design) to apply for.

(2) The applicant may search for his invention creation, or apply directly without searching. The retrieval is not omnipotent, and it is not necessary. In general, retrieval is not recommended.

(3) If the applicant is a service invention, the applicant is a unit; if it is a non-service invention, the applicant is an individual.

In the name of the unit, the application shall be stamped on the power of attorney provided by us, and the application in the name of the individual shall be signed on the power of attorney, and then the contract shall be signed and the fees shall be paid according to the regulations.

(4) Provide a list of inventors or designers (natural persons, unlimited number of people).

(5) Applying for invention or utility model patents shall provide a technical submission to the patent attorney, and the patent attorney shall refine and process it and organize it into the prescribed application text.

(6) Apply to the State Intellectual Property Office for further review.

3. Technical submissions (patent report) provided by the client

Specifically includes the following information:

a. The name of the invention.

b. The technical field to which the invention belongs.

c. Knowing the background information useful for the understanding, retrieval, and review of utility models, and citing documents reflecting these background technologies.

d. The specific technical solutions of the utility model can be understood and implemented by those skilled in the art.

e. The utility model has the beneficial effects compared with the background art.

f. Provide drawings, which can clearly and completely reflect the outline drawing, structure drawing, exploded view or other drawings of the invention and creation technology. If there is circuit, the specific circuit diagram should be given (the drawing is generally not required to be dimensioned and matched). The text description corresponding to the drawing should be written, focusing on the positional connection relationship of each part structure and combination, and combining the structure to explain its working process comprehensively.

g. Give different embodiments for implementing the invention.

4. The department that accepts the patent application

At present, we generally use the CPC system of the State Intellectual Property Office for electronic applications.

5. Acceptance notice

If a patent application is filed with the State Intellectual Property Office, after formal examination and acceptance of the conditions for acceptance, it shall be accepted, a notice of acceptance shall be made, the application date, the applicant, the application number and the name of the application shall be determined, and the applicant shall be issued. Enter the review process.

6. Patent approval process

According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, actual examination and authorization.

The utility model or design patent application is not subject to early publication and substantive examination in the examination and approval, and only the acceptance, preliminary examination and authorization are 3 paragraphs.

Various patent applications and review processes, see "Patent Application and flowchart."

7. Review time of patent application

(1) The patent acceptance time is usually one month. Entrusting our company to apply, the time for obtaining the official application number of the State Intellectual Property Office (ie, the authorized patent number) can be shortened to 2-5 working days.

(2) The patent examination cycle is generally (no need to make corrections): the appearance patent is 2-4 months, the utility model patent is 2-4 months, and the invention patent is 1.5-2 years (the above is the experience time, not the legal time, generally based on At the time, the number of applications in the country and the review efficiency of the administrative agencies were comprehensively inferred.

The preparation time for patent application documents depends on the complexity and generally does not exceed one week.

8. Patent application fees and protection period

(1) Utility model and design cost include application fee, registration fee, annual fee, stamp duty, agency fee, etc. (paid in actual expenses incurred), utility model protection period is 10 years, design is 15 years, self-application Calculated from day to day.

(2) The invention patent fee includes application fee, printing fee, examination fee, registration fee, annual fee, stamp duty, agency fee, etc. (paid in actual expenses incurred), the protection period is 20 years, and the calculation is from the date of application. .

9. The role of patent agencies

The patent agency and its agents are experts who are recognized by the State Intellectual Property Office and who understand the professional skills and possess relevant legal knowledge. They use the general technical materials that the applicant wants to apply for patents to be technically qualified to meet the examination requirements. Legal documents and make the file the best protection.

Through the patent agent, your application can be successfully and quickly passed, and you can really spend less and benefit more.