To apply for a patent, you first need to determine the type of patent you wish to apply for. Currently, our country has three types of patents, which are: invention patents, utility model patents, and design patents.

New technical solutions proposed for products, methods, or improvements thereof; method inventions include technical solutions such as operational methods, manufacturing methods, and process flows, which can be applied for patent inventions.

New technical solutions for the shape, structure, or combination thereof of a product that are suitable for practical use may be applied for a utility model patent.

New designs that are aesthetically pleasing and suitable for industrial application, featuring the shape, pattern, or their combination, as well as the combination of color with shape or pattern, can be eligible for a design patent.

Next, necessary application documents should be submitted, and fees should be paid as per regulations.

The process for applying for an invention patent is as follows:

Application: Applicants shall submit the required application materials as per the regulations.

2. Application Submission and Payment: Submit the application to the State Intellectual Property Office and pay the patent application fee by the applicant.

3. Preliminary Review: After the National Intellectual Property Administration receives the application, it conducts an initial review.

4. Preliminary Announcement: Release immediately following preliminary review.

5. Substantive Examination: The National Intellectual Property Administration conducts a substantive examination upon the applicant's request.

6. Authorization Registration: Upon approval, the authorized patent certificate is issued, and simultaneously, it is registered and announced.

Utility model and appearance design patent applications do not include the substantive examination and pre-publication stages.

How long is the patent valid?

How long is the term of validity for an invention patent? How long is the term of validity for a utility model patent? How long is the term of validity for a design patent?

Patent granted within 1-3 years, valid for 20 years (authorization within 3-6 months)

The utility model patent is expected to be issued within 5-8 months, with a validity period of 10 years.

Design patent approval expected within 3-6 months, valid for 15 years.

Upon obtaining a patent, the patent holder should pay attention to the following matters: The patent holder must pay the annual patent fee on time each year. Failure to pay the annual fee as required may lead to the early termination of the patent. If the patent holder wishes to transfer the patent rights, a written transfer agreement should be executed, and the contract should be registered with the National Intellectual Property Administration; the transfer of the patent rights takes effect from the date of registration. If the patent holder or any other rights holder authorizes another party to implement the patent, a written implementation license agreement must be executed, and the contract should be filed with the National Intellectual Property Administration within three months from the date of its effectiveness.

Due to factors such as geographical location, time costs, and limited professional qualifications, the vast majority of people in our country choose to have professional agencies apply on their behalf (e.g., Dongguan Branch of Zhixing Yangguang Intellectual Property Agency). Choosing a legally registered and qualified agency to apply can avoid unnecessary risks and significantly increase the approval rate, making the patent application process much more hassle-free.