Utility model patent refers to a new technical solution for the product’s shape, structure or combination of the proposed practical.
I Service Reminder
1) Invention patent protection period is 20 years, the protection period of utility model and design patent is 10 years.
2) To apply for the patent, only after we reached a consensus with customer can submit the patent application.
II Required Information
1) Provide the applicant, the name of the inventor (name), identity (ID card or business license), address and zip code;
2) Submit the technical clarification;
3) Sign the patent power of attorney.
III Procedure of Service
1) Consult the patent
2) Pay the order
3) Submit the application
4) Report the progress
5) Finish the service
IV Procedure of Patent Office
1) Submit the application
2) Accept the application
3) Preliminary examination
4) Post the announcement
5) Substantive examination
6) Approve the patent
7) Issue the certificate
V Application Period
1) Customer provides the information of application→ the patent search and write application documents (7 working days);
2) Customer confirms the application documents→ submit to the Patent Office (1-5 working days);
3) Accept the application→receive the notification of acceptance（1-30 working days）;
4) Preliminary examination（2-4 months）;
5) Accept the application documents→Patent authorization（8-10 months）;
6) Issue the certificate（1-2 months）.
Note: The above period is only for reference, specific period according to the process of Patent Office.
FAQ
1) What are the benefits and reasons for applying for a patent?
A. ① Patent application can promote the competitiveness of enterprise;
② Patent application can better protect intellectual achievement (invention, innovation, appearance design) is not illegally used by others, promote the business value and economic benefits of related intellectual achievements;
③ Patent application can prevent the phenomenon of infringing others’
patent right, to avoid patent infringement dispute.
2) Which can apply for utility model patent?
A. To improve the utility of the product's appearance or structure, make the product more convenient and practical, can apply for the utility model patent.
3) How soon will it take to get the patent certificate of utility model patent application?
A. It will take about 8 months to get the patent certificate for utility model patent application.
4) What are the respective consequence will cause for not apply for patent related procedures overdue ?
A. ① If the applicant fails to complete the procedures within limit time, the patent application will be regarded as withdrawn, and the applicant should submit the "Request for Restoration Right" to the Patent Office within two months from the date of receiving the deemed withdrawal notice issued by the Patent Office, explain the justification, pay the restoration fees, meanwhile complete the unfinished procedures. Completion procedures and fees should be finished within two months;
② If the applicant fails to complete the procedures of patent registration within two months, from the date of receiving the notice of authorization and the notice of registration, the applicant will be deemed to give up to obtain the patent right;
③ If the applicant fails to require substantive examination within the limit time, it is deemed to be a withdrawal of the patent application.
④ If the applicant fails to pay the full amount of the patent application fee or the priority claim fee, will be deemed to withdrawn the patent application or not require the right of priority.
5）How to extend the application of foreign patent?
A. ① Patent application among member countries of the Paris Convention apply to all other member states.
② Patent application among Non-Paris Convention member states, need to apply one by one.
6） Whether published patent before application lose novelty ?
A. Not necessarily, the invention-creation of the patent application will not lose novelty ,before the date of application or the priority date within six months in any of the following cases:
① For the first time at an international exhibition sponsored or recognized by the Chinese government;
② For the first time publish in a prescribed academic or technical conference;
③ Disclosure the contents without the consent of the applicant.
