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Frequently Asked Questions: Intellectual Property
Click a question to have Jieti Xia expand and provide the answer.Patent Application
Invention patents require substantive examination. Utility models protect only the shape or structure of a product and are granted more quickly. Design patents protect a product's appearance and do not undergo technical review.
Typically, you'll need a technical disclosure document, applicant information, drawings, and other basic materials. The exact list varies by patent type and application method.
Technical solutions that are novel, inventive, and useful are suitable for patent application. Designs that can be easily circumvented after public disclosure are better protected via patents.
Trademark and Copyright
Trademark protection distinguishes the source of goods or services, while patent protection covers technical solutions or industrial designs. Their protected subject matter and terms differ.
Generally, you must submit several consecutive pages of the source code (before and after), documentation, and proof of the rights holder's identity.
Process and Fees
Late fees can be paid during the grace period. If payment is not made after the grace period expires, the patent right may be terminated and must be reinstated according to applicable regulations.
Typically consists of official fees and agency service charges. Invention patents also involve substantive examination fees, among other items. Fee reductions may be applied for in accordance with regulations if eligibility criteria are met.
After filing an international application, conducting an international search and publication, and entering the national phase within the priority period, each designated country or region conducts its own examination and grants rights.
Review and Rights Protection
You may file a request for review within the prescribed period after receiving the notice, and submit amendments or explanations addressing the grounds for rejection.
Secure evidence and assess the scope of infringement first, then choose to negotiate, send a cease-and-desist letter, or pursue your rights through administrative or judicial channels.