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Invention patent

Invention patent is one of the three types of patents protected by patent law, and the legal status is the most stable and the technical value is the highest。

An invention is a new technical solution to a product, method or improvement thereof。Invention is divided into product invention and method invention。


 Product invention(including material invention) is the technical solution of various new products, new materials, and new substances developed by people through research and development。A product under patent law can be an independent and complete product, or it can be a component of a device or instrument。Its main contents include: manufactured goods, such as machinery, equipment and various supplies materials, such as chemicals, compositions and other products with new uses。


Method inventionIt refers to the operation method, manufacturing method and process flow and other technical solutions developed by people to manufacture products or solve a technical topic。Method can be a complete process composed of a series of steps, or a step, which mainly includes: manufacturing method, that is, the method of manufacturing a specific product;And other methods, such as measurement methods, analysis methods, communication methods, etc.;New uses for the product。

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According to the Patent Law, the examination and approval procedures for invention patent applications includeAcceptance, preliminary examination, disclosure, actual examination and authorizationFive stages。

 

Within 6 months from the date of application, receive the Patent Office "Notice of preliminary examination"。

 

After 18 months from the filing date, the Patent Office makes the invention application public (if the application is made public in advance, it will be made public in 6 to 8 months), after which the Patent Office begins to conduct substantive examination of the invention application;

 

The timing of substantive examination varies from case to case,It usually takes more than a year and a half or two years,In the course of substantive examination,The examiner will compare the files retrieved,Send us a review notice in response to the review,If it passes the substantive examination, it will receive a "letter of authorization" from the Patent Office;If the response does not meet the requirements,Then the patent will be rejected。

 

Invention patents generally take about 2 to 3 years from application to authorization。

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Individual Application:① a copy of the inventor's ID card ② technical disclosure;③ Proof of cost mitigation (individuals who need a fee waiver)

 

Organization application:  ① A copy of the business license of the enterprise ② a copy of the ID card of the inventor ③ a technical disclosure letter ④ a certificate of cost mitigation (for enterprises that need to reduce fees)

 

Documents required for invention patent:① Description ② Claims ③ Summary of description ④ with drawings can be submitted at the same time。

 

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█  The invention patent application time, as a mature technical scheme can be applied for, do not require that the physical object has been made, do not apply for a patent after it has been made public or sold。

 

█  After the patent is granted, the annual fee shall be paid on time according to the payment notice in order to maintain the validity of the patent right。

 

█  中国Invention patent只在中国大陆得到保护,如想在国外获得独占垄断权,则有必要在国内首次申请12个月内向计划进入该国市场的国家申请专利。

 

█   According to statistics, the rejection rate of Chinese invention patents is as high as 65%。The management of invention patents is very much like a lawsuit, the opponent is all the known prior art in the world, and its management risks cannot be completely eliminated。