Download from the website of the State Intellectual Property Office

Generally speaking, the application must be printed

Invention patent application template:

1. Format invention patent application form

───────────────────────┬────────

Invention│①

③　　　　　　　　　　　　　　

Name│

──┬───────────────── ───┤　　　(Invention)

④　│Name├───────────

issued├──────────── ─────────┤

Ming│Address│②

People│　　　　　　　│

──┼───────── ─────────────┴───────────

⑤　│Name or phone number

├──── ──────────────────────────────

│　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　ious\p\p>Address □□ □□□□

Please code

People├────────────────────────── ──────

│Nationality or headquarters, habitual residence or place of business

│Name of the country where the place is located

├──── ────────────────────────────

│Representative name

──┼─ ───────────────────────────────

⑥　│Name Address

Patent├─────────────────────────────────────────────

Patent│Agent given by the Patent Office Agency location

Agency code

Agency code postal code

Machine code ─────────────────────────────────────────────────────────────────────────────

Organization│Representative’s name and registration number

──┴───────────────────────────────────

⑦□Has been sponsored by the Chinese government Or exhibited for the first time at a recognized international exhibition

□Has been published for the first time at a prescribed academic conference or technical conference□Requesting for cost reduction

□May involve major national interests

────────────────────────────────────────────────────

⑧Application Documents List│⑨ List of additional documents

1. Letter of request Pages per copy Request for priority statement □

2. One copy of the claim, one page per copy, and one item each. │□Priority certification materials□

3. Instructions Pages per copy │□ Requires a public statement in advance □

4. Description of the drawings, each copy, page size, │□Request for Substantive Examination

5. Abstract of instruction sheet, pages per copy, Proof of No Loss of Novelty

6. Each page of abstract with drawings│　Materials

────────────┬──────────┴─┬────── ───

⑩Inventors other than the above│⑾Applicants other than the above│⑿Applicant or agency

│　　　　　│Signature

│　　　│

│　　　　　　│　Year, Month, Day

────────────┴─────────────┴──── ─────

2． Explanation

Patent refers to the exclusive right to implement an invention and creation that the national patent office grants to the inventor or designer in accordance with the provisions of the Patent Law within the period specified in the Patent Law.

Patents include inventions, utility models and designs.

An invention refers to a new technical solution proposed for a product, method or improvement. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design of the shape, pattern, color or combination of a product that is aesthetically pleasing and suitable for industrial application.

The conditions for obtaining patent rights are: applying for invention and utility model patents must have novelty, creativity and practicality. Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used domestically, or otherwise known to the public, nor has the same invention or utility model been published by others. An application has been filed with the Patent Office and recorded in the patent application documents published after the filing date. However, if the invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost: ① It is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government; ② It is exhibited at a prescribed academic conference Or published for the first time at a technical conference; ③ Others leak the content without the applicant's consent. Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant 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. However, patent rights are not granted for the following items: ① scientific discoveries; ② rules and methods of intellectual activities; ③ methods of diagnosis and treatment of diseases; ④ animal and plant varieties; ⑤ substances obtained by nuclear transformation methods. However, patent rights may be granted for production methods of animal and plant varieties in accordance with the provisions of the Patent Law. This is one of the basic issues that applicants should pay attention to.

Obtaining patent rights generally requires nine steps: application - preliminary examination - early disclosure - request for substantive examination - conduct substantive examination - announcement - objection - reexamination - approval. Utility model and design patents usually do not need to go through the early disclosure and substantive examination stages and directly enter the announcement. Applying is the first step. To apply, you need to fill out an application form and submit it to the patent office. The patent office shall accept the application if it deems it meets the conditions. After preliminary examination, it can be disclosed early. Within 18 months from the date the applicant submits the application, the contents of the application will be published in the Patent Gazette for free reading by the public. The Patent Office granted provisional protection to this patent application.

Patent application is a prerequisite for obtaining patent rights. Issues that should be paid attention to when applying for a patent are:

(1) When applying for an invention or utility model patent, a request, description, abstract, claims and other documents should be submitted. The request shall state the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters.

(2) The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings.

(3) The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and describe the scope of patent protection required. When applying for a design patent, a request and documents such as pictures or photos of the design should be submitted, and the products using the design and their categories should be clearly stated.

(4) The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application. Within twelve months from the date of first filing a patent application for an invention or utility model in a foreign country, or within six months from the date of first filing a patent application for a design in a foreign country, the applicant shall file another patent application for the same subject matter in China. If a patent application is filed, the foreign country may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority.

(5) If the applicant files another patent application for the same subject with the Patent Office within twelve months from the date of first filing a patent application for an invention or utility model in China, the applicant may enjoy priority. . If the applicant claims priority, he shall make a written statement when applying and submit a copy of the first patent application document within three months; if the applicant fails to make a written statement or fails to submit a copy of the patent application document within the time limit, the applicant shall be deemed to have No priority claimed.

(6) An invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application. A design patent application shall be limited to one design used in one product. Two or more designs for products of the same category that are sold or used as a set can be submitted as one application. An applicant may withdraw his or her patent application at any time before patent rights are granted. Applicants may modify their patent application documents, but modifications to invention and utility model patent application documents shall not exceed the scope recorded in the original description and claims, and modifications to design patent application documents shall not exceed the original pictures or photographs. range.

(7) An invention patent refers to a patent granted for a brand-new solution to an existing technical problem arising from creative activities. Inventors can apply for patents for their inventions from the patent authorities in accordance with the law. Therefore, it is necessary to fill out an invention patent application form.

Issues that should be paid attention to when filling out an invention patent application include: To apply for an invention patent, you must submit an invention patent request, description, claims, summary of the description and other documents. The application documents must be made in duplicate. Photocopies are allowed, but the applicant or agency must sign The seal cannot be copied; the application form must be filled out in Chinese. If there is no unified Chinese translation of the foreigner's name and place, the original text should be indicated: If this form cannot be filled in, you can attach a separate white paper to fill in, but it must be the same size and quality as this form. , when continuing, the column number should be indicated; other matters needing attention should be handled in accordance with the requirements of the Patent Office.