Patents are the most important part of modern intellectual property protection. A patent application protects an inventor's innovation from unauthorized use. Patent applications are usually divided into three categories: invention patents, utility model patents, and design patents. The application process and steps for each type of patent are different, and we will introduce the application process and steps of these three types of patents in detail below.
1. The process and steps of applying for an invention patent
1. Prepare materials
The materials to be prepared for an invention patent application include the Application for Invention Patent, the Description, the Abstract of the Description, the Drawings of the Description, the Claims and the Request for Substantive Examination. It is the responsibility of the applicant to ensure the authenticity, completeness and accuracy of these materials.
2. Submit your application
Submit the prepared application materials to the State Intellectual Property Office or its authorized patent agency. Applicants are required to pay the application fee in accordance with the relevant regulations.
3. Formal examination
The State Intellectual Property Office conducts a formal examination of the application materials and checks the completeness and compliance of the application materials. If problems are found, the applicant will be notified to make corrections.
4. Substantive examination
After passing the formal examination, the invention patent will enter the substantive examination stage. The State Intellectual Property Office will conduct a detailed review of the technical solution of the application to evaluate its innovation, practicability, etc. The review period at this stage may be long, and applicants need to be patient.
5. Authorization and Announcement
If the patent application passes the substantive examination, the State Intellectual Property Office will grant the patent right and make a public announcement. Applicants are required to pay an annual fee to maintain the validity of the patent.
2. The process and steps of applying for a utility model patent
1. Prepare materials
The materials to be prepared for a utility model patent application include the Utility Model Patent Application, the Specification, the Abstract of the Specification, the Drawings of the Specification and the Claims.
2. Submit your application
Submit the prepared application materials to the State Intellectual Property Office or its authorized patent agency and pay the application fee.
3. Formal examination
The State Intellectual Property Office conducts a formal examination of the application materials to ensure the completeness and compliance of the materials.
4. Authorization and Announcement
After passing the formal examination, the utility model patent will directly enter the authorization and publication stage. The applicant needs to pay the license fee, and the patent certificate can be obtained in about 2-3 months.
3. The process and steps of applying for a design patent
1. Prepare materials
The materials to be prepared for a design patent application include the Design Patent Application, the Design Drawings or Photographs, and the Brief Description of the Design.
2. Submit your application
Submit the prepared application materials to the State Intellectual Property Office or its authorized patent agency and pay the application fee.
3. Formal examination
The State Intellectual Property Office conducts a formal examination of the application materials to ensure the completeness and compliance of the materials.
4. Authorization and Announcement
After passing the formal examination, the design patent will enter the stage of grant and publication. The applicant needs to pay the license fee, and the patent certificate can be obtained in about 2-3 months.
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