I. patent application
(1) invention patents:
Application for invention patents:
The Patent Law of the People's Republic of China stipulates that invention, utility model and appearance design can be protected by patent, among which invention patent is the most important.
What is invention patent?
Invention is a technical proposal for inventors to use natural laws to solve a particular problem. Therefore, the detailed rules for the implementation of China's Patent Law point out that "invention as mentioned in the Patent Law refers to a new technological scheme for a product, method or improvement thereof". The inventor only applies to the Patent Office for such a technical scheme, and through a series of rigorous examinations, especially the examination of novelty, creativity and practicality; and grants a patent right to a patent for a conforming invention. The applicant shall also go through the registration formalities and pay the annual fee on schedule, so that the patent application for the invention can formally become a patent for invention with multiple attributes. It is worth noting that invention is different from discovery. Discovery is the natural law and essence that has been discovered in nature but has not yet been recognized. Invention and creation are the technical solutions to solve specific problems by using natural laws or essence. Discovery is not patented. Only invention can be patented. It should also be pointed out that the invention referred to in the Patent Law is merely a technical solution to a particular problem, although the concept of such a technical solution, when patented, has not yet been proved in practice that it can be directly used in industrial production to produce a specific article, so it is intangible. Intellectual property. But it is impossible to compare the idea of such a technological solution with the desire to simply propose a technological name and an idea, or to merely express a desire, and how it will be achieved, without a clear and specific method, and without the possibility of future realization. Obviously, the latter can not be invented in the patent law.
Inventions referred to in the Patent Law fall into two categories: product inventions (such as machines, instruments, equipment and appliances) and method inventions (manufacturing methods). No patents are granted to inventions in certain technical fields, such as the diagnosis and treatment of diseases, substances obtained by nuclear transformation, etc. The invention of computer software depends on whether it belongs to pure computer software or special software which can be combined with hardware, and should be treated differently. The latter can be applied for patent protection. With the change of censorship standards, currently, pure computer software can also be patented separately, no longer have to be combined with hardware. Inventions involving microorganisms can also be applied for invention patents. However, the microbial preservation certificate should be submitted on time.
1. Product invention
(Including material inventions) is a technological scheme about new products, new materials, new substances, etc. which has been developed by people through research and development. A product under patent law may be an independent, complete product, or a part of a device or instrument. Its main contents include: manufactured products, such as machinery, equipment and various supplies materials, such as chemicals, compositions and other products with new uses.
2. Method invention
It refers to the operation method, manufacturing method and technological process developed by people for manufacturing products or solving a technical problem. A method can be either a complete process or a step consisting of a series of steps. It mainly includes: the manufacturing method, that is, the method of manufacturing a specific product; and other methods, such as measurement methods, analytical methods, communication methods and other new uses of products.
3, which inventions can be applied for invention patents?
Generally speaking, the achievements in the process of technology development and new product development should apply for invention patents because of their high technical level. For example, the application of laser technology has been developed. The laser holographic or grating light crippling method has been used in the manufacture of table leather, and a holographic grating synthetic leather has been developed. Then, both the leather itself and its manufacturing methods should apply for invention patents. For example, if a drug is developed by means of biochemical technology, both the drug and the method of manufacturing the drug should be patented for invention. For example, a factory has proposed a design scheme to improve the air compressor, the scheme is realizable, the effect of its implementation will greatly reduce production costs, improve machine performance, the scheme can be applied for invention patents.
The technology of applying for invention patent can be either a pioneering or pioneering invention which brings revolutionary changes to a certain subject or a certain technical field, or an improved invention which is partly improved and developed on the basis of the existing technology.
(2) utility model patents:
Application of utility model patent:
Patent applications for utility models, also known as small invention or structure patents, refer to the definite spatial shape of a product that can be observed from the outside. The technical scheme proposed for the product shape may be the technical scheme proposed for the three-dimensional shape of the product.
Utility model patents:
Also known as a small invention or structure patent, refers to the product has, can be observed from the outside to determine the shape of the space. The technical scheme proposed for the product shape may be the technical scheme proposed for the three-dimensional shape of the product, such as the improvement of the cam shape and the tool shape, or the technical scheme proposed for the two-dimensional shape of the product, such as the improvement of the section shape of the profile.
Conditions for granting utility models patents:
1. Novelty: refers to the fact that the same invention or utility model has not been publicly published in domestic and foreign publications before the date of application, has been used publicly in China or is known to the public in other ways, and has not been applied for by others to the administrative department for patent under the State Council and is recorded in the application. Please publish the patent application document later.
2. Creativity: It refers to the substantive characteristics and progress of the utility model compared with the existing technology before the date of application.
3, practicality: it means that the utility model can be manufactured or used, and can produce positive results.
(3) design patent:
Industrial Design Patent (IDP) refers to a new design which is aesthetically pleasing and suitable for industrial application to the shape, pattern, color or combination of the product. Appearance design refers to the appearance design of industrial products, that is, the pattern of industrial products.
Patent for design is the object of patent right, the object protected by patent law, and refers to the design that should be granted patent right according to law. It is totally different from the patent certificate or utility model for invention design, that is, the design is not a technical solution. Article 2 of the Patent Law of China stipulates: "Appearance design refers to a new design which is aesthetically pleasing and suitable for industrial application, made with respect to the shape, pattern or combination of the product and the combination of color, shape and pattern.
It can be seen that the patent for design shall meet the following requirements:
1: the design of shapes, patterns, colors or combinations.
2: must be the design of the appearance of the product;
3: we must be aesthetic.
4: must be suitable for industrial applications.
The necessity of applying for design patent:
Appearance design is a decorative or artistic design for the appearance of the product. Appearance design patents are easy to implement, less investment, less risk, quick effect, so the appearance of design patents play an important role in the development of enterprises.
1: protect product appearance.
2: authorized fast, fast protection
3: low cost and low cost.
4: practical value.
Two. Trademark registration
(1) trademark registration:
Any mark that distinguishes the commodity of a natural person, legal person or other organization from that of another person, including words, figures, letters, numbers, three-dimensional marks, color combinations and sounds, and the combination of the above elements, can be applied for registration as a trademark. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the production and operation activities, it shall apply to the Trademark Office for trademark registration.
According to the Trademark Law, if two or more applicants for trademark registration apply for registration with the same or similar trademark on the same commodity or similar commodity, they shall preliminarily verify and announce the trademark which has been applied for before; if they apply for the same day, they shall preliminarily verify and announce the trademark which has been used before and reject the application of others. No announcement, please. That is to say, the principle of prior application is applied for trademark registration. The following reasons are that the applicant or agency can not obtain the exclusive right of trademark because of the application date.
The advantages of registered trademarks are:
1, it is convenient for consumers to identify and shop.
2, the trademark registrant has the exclusive right to use the trademark and is protected by law.
3, through trademark registration, we can create a brand and take the lead in the market.
4, trademark is an intangible asset, and its value can be assessed.
5, trademarks can be transferred to other people for use, or pledge to convert to achieve their value.
6, trademark is also necessary for quality inspection, inspection, bar code and so on.
7, the local industry and Commerce bureaus at all levels supervise the quality of goods and services through the management of trademarks.