繁體中文 
简体中文 
細談商業資訊, 市場推廣, 開拓生意機會
怎麼申請中國發明專利
發明專利是專利的一種重要類型，它是技術含量、科技含量最高的專利類型。很多沒有接觸過專利的人對申請專利都是很陌生的，而中國專利局就是申請專利的專業機構。那麼接下來我們詳細說明一下怎麼申請中國發明專利。
申請發明專利的流程應該是這樣的：
首先需要申請人提供原始的技術資料和個人或者單位的資訊，然後委託專利代理機構來簽訂委託代理協定，也就是撰寫一份符合專利法要求的專利申請檔。
之後向國家專利局提交該專利申請檔，取得專利申請號碼之後按照規定繳納專利申請費即可。
然後就進入初步審查了，審查合格之後在申請日後的18個月，將會在專利公報或者是網站上公開其申請。當然也可以根據申請人的要求，在申請日起的15個月內隨時要求提前公開。
再接著就是進入實質審查的階段，申請人在申請日起的3年內可以隨時向專利局提起實審，當然也可以在該專利申請公開之後提起實審，提起實審之後就要按規定來繳納專利實審費用了。
最後就是經過實審審查之後，若是該專利符合發明的實用性、創造性以及新穎性，國家都會給予授權的。那麼申請人再按照規定來繳納專利申請維持費、印刷費、當年年費以及證書工本費等，就可以取得專利申請證書了。
申請發明專利的流程就是這樣的，為了可以順利地通過那麼在申請的時候也要準備好技術材料，比如權利要求書、說明書摘要，如果有需要的話還要附圖說明。
申請中國發明專利的時間大約在兩年半以上，取得專利之後每年也要按規定繳納年費。此外發明專利的保護期限是20年，到期之後是不能續展的。
資料來源: CtR智群知識產權事務所
申請註冊歐盟商標的幾個注意事項
歐盟商標指的就是根據歐共體規定的條件而獲得註冊的商標，這樣的商標在歐盟範圍內都是有效的，可以用來識別和區分歐共體內的商品和服務。申請註冊歐盟商標是需要向歐盟商標局或者是歐盟成員國的商標局提出申請，接下來我們就來看看註冊歐盟商標要注意的幾個事項。
- 如何理解歐盟商標的統一性？
歐盟商標以及其註冊申請在整個歐盟是有效的，商標的申請以及相應的註冊都會自動延伸到25個成員國，因此將地域保護限定在某幾個成員國之間是不現實的。並且歐盟商標在註冊的時候會由歐共體內部市場協調局進行控制註冊，也就是說是不需要各個國家的工業產權局介入的。
- 歐盟商標能超越單獨成員國的商標嗎？
歐盟商標註冊體系對其成員國的商標註冊體系是沒有任何影響，包括比利時、荷蘭、盧森堡等體系。企業是可以自由選擇，無論是單獨成員國商標還是歐盟商標，都可以根據自己的需要來選擇註冊。
- 什麼樣的標記可以被註冊為歐盟商標？
歐盟商標是可以包含任何可以使用的圖表來代表的標記，尤其是文字，也包括人名、圖案、字母、數位、商品形狀或其包裝外觀等等，只要這些標記可以將一種商品或者是服務用途，與其他種類的用途分開即可。
所以以下的標記都是可以在註冊商標的時候使用的：
- 包括字母、數位或是字母、數位和文字的組合形式的文字標記；
- 含有或者不含有文字的圖形標記；
- 彩色圖形標記；
- 顏色或者是多種顏色的組合；
- 聲音標記；
- 三維立體標記。
以上幾點就是註冊歐盟商標的幾個注意事項，大家在註冊申請之前一定要瞭解清楚。
資料來源: CtR智群知識產權事務所
Meeting the Non-obviousness Requirement In Patent Applications
Every inventor worth his salt should familiarize himself with the non-obviousness requirement in patent applications. Otherwise, even a novel and original invention will not be granted a patent by the United States Patent and Trademark Office (USPTO). But what exactly does the USPTO mean by non-obviousness and how can you meet it?
But first, we have to emphasize that while novelty and non-obviousness are different in many ways, the two terms often overlap in a practical sense. The reason for it is that both can be measured in terms of the absence of prior art.
What Makes an Invention Non-obvious?
Unfortunately, the standards for determining the obviousness and non-obviousness of inventions are as clear as mud. The USPTO patent examiners – and the judges in patent litigations, for that matter – have plenty of leeway in making related decisions, a current reality that inventors should be aware of.
If you’re an inventor, keep in mind that it doesn’t necessarily demand genius-like craftsmanship, originality, and vision to create a non-obvious design. In many cases, it only requires the extraordinary ability to visualize ordinary things in a new or different manner.
There are times when combining things is easily apparent and there are times when it isn’t. The requirement of obviousness then becomes trickier than it sounds, especially as obviousness itself is both a subjective and objective (i.e., fact-based) inquiry.
But there’s a way to determine if your invention meets the non-obviousness requirement. Basically, an invention can be considered as obvious when other persons knowledgeable about the field where it belongs will look at it and consider it to be generally known. The known aspect isn’t exactly known per se but will be known if several references are combined.
How Can Non-obviousness Be Demonstrated?
Keep in mind that the inventor has the burden of proof, so to speak, in proving the non-obviousness of his invention. This can be done in several ways including the following:
- Using a familiar shape in an unfamiliar manner
- Making slight to significant changes to an existing design thereby creating a striking visual effect that others haven’t done before
- Omitting certain elements generally associated with similar designs
- Juxtaposing specific elements thereby creating an unexpected statement, whether visual or auditory
There are other ways to meet the non-obviousness test, too. If your design has been or continues to be a commercial success; it has unexpected visual appearance; it has been copied by others; it has been praised for its originality by others in the field where its utility is evident; it was copied by others but they were unsuccessful at generating the same results as the invention; or it was created when others said it couldn’t be done.
Do these concepts make for more confusion? If you answered yes, then you should consider hiring a patent agent or lawyer or agent with a comprehensive experience in meeting the five requirements of patent approval.
資料來源: CtR智群知識產權事務所
如何申請註冊歐盟專利？
近些年申請註冊歐盟專利的企業越來越多，很多企業都走出了國門、走向世界。而且不少的企業都不只局限於單一申請中國專利，可以說申請國外專利已經成了技術出口的一把保護傘，接下來我們就一起來看看如何申請註冊歐盟專利。
- 提出申請
申請可以使用英語、德語和法語這三種語言任何其一，向歐盟專利局提出專利申請。在提出申請之後的一個月左右，歐洲專利局會發出通知。
- 歐洲專利局檢索
在提交專利申請的時候是必須要提出檢索請求，並且也要繳納檢索費用。自申請日起的兩年左右，申請人將會收到由歐洲專利局出具的檢索報告，同時也會附上一份對你的申請可專利性的初步審查意見書。
- 公佈專利申請
歐洲專利將會在自申請日起的18個月內公佈專利申請。
- 提出實質審查請求和實質審查
申請人應該在申請的同時，或者是在歐專局的檢索報告公佈之日起，6個月內提出實質審查請求。在該審查請求提出來的同時，是需要從歐洲成員國中指定一個具體的成員國，並且也要繳納審查費和指定費。
- 歐洲專利授權
當審查通過之後歐洲專利局會發出授權通知的影本，申請人需要選擇同一授權文本並且允許申請人進入授權程式，或者對文本或權利要求進行修改。與此同時也應該交付授權費用並且遞交權利要求上的其他兩個語種的翻譯譯文。
- 專利申請通過
一般申請人在收到專利授權通知之後，申請人就必須決定在制定國名單中選擇一個生效國，然後通知歐洲專利局該專利在哪些國家生效。確定生效國之後根據規定需要將專利的全部內容進行翻譯，並且交給該生效國以便專利生效。
整個歐盟專利的申請時間大約需要3-5年，專利的有效期為自申請之日起的20年。
資料來源: CtR智群知識產權事務所
Why Hire An Attorney For Your Initial U.S. Trademark Application?
Filing a trademark application isn’t for the faint-hearted, so to speak, because of the time, energy and effort involved in understanding the trademark law, meeting the requirements of the United States Patent and Trademark Office (USPTO), and dealing with the subsequent actions (e.g., issuance of Office Action). For this reason, you should seriously consider hiring an attorney to take care of these matters in your behalf.
What can an experienced lawyer, particularly one with extensive experience in trademark laws, do for you?
Provide Appropriate Legal Advice
Of course, you can file the application on your own and request the USPTO examining attorney to provide tips that will expedite your application. But the USPTO attorney cannot provide legal advice even if he wants to because otherwise it will be a conflict of interest.
The trademark attorney, in contrast, will provide legal advice regarding your application and its related issues. You can get answers to questions like, “Is the mark protectable by the trademark laws? Are the class of products and/or services that the marks apply to identifiable? Are you able to take appropriate action when the USPTO refuses to register the mark?”
Think of your attorney as your main man in ensuring that your mark becomes registered and protected from infringement by others.
Conduct Searches on the Database
Again, you can search the state and federal databases for similar trademarks as the mark you’re seeking registration for. But it’s such a time-consuming process that you likely won’t have the time and energy for, perhaps not even the patience. Besides, you will likely have other business matters to attend to.
With an attorney on board, you can delegate the task to the professional. Your attorney will search the USPTO database of registered trademarks at the federal level, as well as other databases including the state registration database and the common law unregistered trademarks database. The comprehensive search is a must because even non-registered trademarks similar to your mark and used for selling products and/or services related to yours may well prevent you from registering, using and profiting from your mark, no matter if you think it was your original idea.
Protect Your Trademark Rights
Your attorney can also provide information that will deepen your understanding of your rights and responsibilities as a trademark owner. You will also be provided with relevant advice about the best ways to monitor and enforce your rights and responsibilities, especially in terms of others infringing on your mark. You should also remember that you may also be charged of infringing on other people’s trademarks and your attorney can provide legal assistance on this matter.
The crucial role of your attorney doesn’t stop with the initial application. You can also rely on him or her for meeting the registration maintenance documents, which should be filed on a regular basis. You can then maintain ownership over your mark, a must if you want to continue profiting from it.
資料來源: CtR智群知識產權事務所
Talk But Protect Your Non-patented Invention
The idea is the heart of the invention. You, the inventor, then must be extremely careful about sharing your novel idea with other people, even with people who can provide assistance to take it from an abstract idea to a real product (i.e., prototype). You should be particularly careful when you haven’t submit your patent application for it yet.
Fortunately, there are ways to talk about your non-patented invention and protect it from being stolen by others.
Learn the Law
You have to learn the law that applies to patents even before you think about discussing your ideas with every Tom, Dick and Harry who cares to listen. You don’t have to go to law school to understand the patent laws but you should strive to learn the basics, such as the types of disclosures that you can and cannot make while still protecting your idea.
You may want to present your idea to a group of angel investors. You may also put it to beta testing so as to test it marketability and profitability. You may want to write a white paper about it. Regardless of what you want to do about your idea, you have to learn the law.
Have a Confidentiality Agreement
Also known as a non-disclosure agreement (NDA), a confidentiality makes it clear – and in writing, too, for good measure – between both parties that your invention should be treated as confidential information. As such, the third parties with the privilege to know about it must not disclose or release any information about it to others without your express permission. This is a good idea if you’re talking about it to potential investors, partners, and/or vendors.
But remember that an NDA isn’t acceptable to everybody, especially where large investment firms and corporations are concerned. Indeed, you may even be asked to sign an agreement wherein you agree that your idea isn’t a secret at all so the organization has legal protection from liability!
Avoid Online Sharing
If you’re the type who likes to share nearly everything about your life online, then you should start cutting back if you have a brilliant idea that can qualify for a patent. When you post your ideas online, whether it’s on your website or on a social media site, you’re exposing yourself to two threats.
First, your idea may be stolen by your connections – or by the friends of your friends up to the sixth degree – and then run with it. You may have come up with the novel idea and somebody else profited from or was recognized for it.
Second, you’re essentially giving the social media sites where your ideas were posted the right to use it anyway they want. Read Facebook’s Statement of Rights and Responsibilities, particularly on the topic of intellectual property, and you will understand.
The best thing to do: File a provisional patent for your invention!
資料來源: CtR智群知識產權事務所
The Possible Grounds For Trademark Refusal
Keep in mind that not every initial application for a trademark will be granted approval. The United States Patent and Trademark Office (USPTO), specifically the examining attorney assigned to your trademark application, can issue an Office Action outlining the substantive reasons for trademark refusal of your application. This brings us to the question: What are the possible substantive reasons that your trademark application can be refused?
Likelihood of Confusion
Keep in mind that the USPTO will conduct a search of its database for conflicting marks only after an initial application has been filed. The examining attorney will determine whether your trademark being applied for has a similar one either still pending or already registered in the USPTO database. The process can take several months so patience is necessary.
The marks and the related products and/or services between your mark and the marks of other entities don’t have to be exactly the same for conflict or confusion to be considered. Instead, it’s considered sufficient if both the marks and their related products and/or services are similar in nature. The similarity should be such that consumers will likely mistakenly believe that both of them come from the same source.
The similarity can be on anything from sound and appearance to meaning. These can include phonetic equivalents, T.J. Chicken and Tee-Jay Chicken; similar appearance even when one uses another stylized; and meaning like “Lupo” and “Wolf” with both having similar images.
Merely Descriptive
The USPTO’s examining attorney will also refuse trademark registration if it merely describes a quality, ingredient, function, characteristic, purpose, or feature of the product and/or service. For example, the mark “Creamy Yogurt” or “World’s Best Bagels” are unacceptable because these merely describe the products instead of being a distinctive brand.
Deceptively Misdescriptive
The mark registration application will also be refused if the mark itself misdescribes a quality, ingredient, function, characteristic, purpose, or feature of the product and/or service; and the misrepresentation being conveyed is possible. Examples include “THC Tea” for tea-based beverages without THC.
Both the merely descriptive and deceptively misdescriptive grounds for refusal also applies to primarily geographical circumstances. There are several instances when it happens including:
- The mark’s primary significance is a generally known geographic location; the consumers/buyers will likely think that the products and/or services come from the place stated on the mark; and the mark identifies the specific place of origin of said products and/or services. This applies to merely descriptive marks.
- In case of a deceptively misdescriptive mark, its primary significance is a generally known geographic location; the consumers/buyers will likely think that the products and/or services come from the place stated on the mark; the products and/or services don’t actually come from the stated place; and the misrepresentation will be a significant factor in the decision-making of consumers.
With these strict requirements, you are well-advised to hire an experienced trademark attorney and consultant so that your initial application will have a higher chance of being approved.
資料來源: CtR智群知識產權事務所
申請註冊美國商標有何優勢？
商標註冊是有地域性之分的，也就是說商標權是有著嚴格的地域性的，在中國註冊的商標是能夠享有中國商標的專用權，在美國註冊申請的商標與在中國註冊申請商標是有區別的，在美國註冊商標採用的是商標使用優先的原則。那麼申請註冊美國商標有何優勢或好處？
註冊美國商標對企業的好處是很多，主要有以下幾點：
- 有助於企業打造國際品牌以及打造中美品牌
企業註冊了美國商標之後，就可以與國內商標聯合進行宣傳，那麼進一步就可以打造屬於企業的國際品牌。
- 保護產品外貿也能獲得美國商標法的保護
美國註冊商標採用的是優先使用的原則，但其使用的時候是有限制的，比如說有需要兩個州以上銷售你的產品的要求等，那麼之後註冊後才能更好地保護自己的商標。
- 避免商標侵權
上文中提到美國採用的是使用在先的原則，先在美國使用商標一般都是視為優先擁有商標權的，並且大多數在美國的專利商標局是沒有登記的。那麼企業在出口的時候很有可能侵犯到他人的商標權，進一步就是導致商品被扣押且還要支付罰金。而註冊美國商標的話就不會出現這樣的問題，註冊的時候就可以知道有沒有相似或者一樣的商標在使用，那麼通過之後就可以放心地出口商標。
- 進入亞馬遜平台必備
若是你的企業打算入駐亞馬遜平台的話，肯定是要註冊美國商標的，這也是入駐其平台的一個大前提。並且由於美國是亞馬遜的發源地，那麼美國消費者在購物的時候也都是習慣選擇亞馬遜平台，也就是說企業的客戶是很廣闊的。
最後就是美國人是比較注重知識產權的，若是企業沒有註冊美國商標的話，很可能會流失很多的消費者和供應商，反之則可以帶來不錯的效益。
資料來源: CtR智群知識產權事務所
Can You Patent Your Invention?
The short answer: It depends on whether your invention meets the requirements stated by the Patent and Trademark Office. Not all patent applications will be recognized or registered even if the inventors insist otherwise. Not even well-known inventors with dozens, perhaps hundreds, of registered patents are assured that their pending applications will pass the stringent process.
What then can be patented? Let’s take a look at the factors that affect the success of your patent application, among other matters.
Four Requirements
According to the U.S. patent law, any individual who discovers, makes or invents any novel and useful machine, process, composition of matter, manufacture, or any novel and useful improvement on them may file for a patent. From the definition, the USPTO will grant a patent right if and when these four requirements are met:
- The subject matter, such as a method or a machinery, should be patentable.
- It must be new or novel.
- It must have some usefulness or utility.
- It must not be obvious.
You have to carefully consider whether you, indeed, have a patentable subject matter before filing its patent application. You may or may not be granted the patent but you likely won’t be given a refund if it isn’t granted – and the patent process is costly, too.
In terms of novelty, the invention should be new in the sense that it must be different from the existing knowledge in the public domain, in published applications, and from prior patents, among others; these are known as prior art.
The utility requirement is met by showing proof that the invention can physically accomplish something. In other words, it should work as the inventor intended or it produces actual results. In reality, the USPTO isn’t likely to challenge the patent based on utility unless its underlying logic has serious flaws. Exceptions, such as on design patents that don’t need to meet the utility requirement, apply.
Concrete Evidence Required
While your idea seems novel, useful and unobvious, it cannot be protected by a patent. Instead, your idea must be embodied in one or more of these concrete manifestations, among others:
- A method or a process, such as a new process for making concrete
- A machine or machinery, typically with circuitry and/or moving parts (e.g., gears)
- A manufactured item that accomplished a result with little to no moving parts
- An asexually reproduced new plan variety
- A new composition of matter, such as a new drug
Does your idea fall into one of these categories? You can’t be too sure even then because there are subject matters that are simply beyond the scope of patent laws. These include naturally-occurring substances (i.e., these cannot be invented); mathematical formulas (i.e., these may be copyrighted instead); laws of nature (i.e., man’s laws doesn’t apply to them); and processes that can be entirely performed with the human body (e.g., fool-proof technique for shooting a ball from the 3-point line).
資料來源: CtR智群知識產權事務所
Crucial Things To Remember About Your Trademark Application
The United States Patent and Trademark Office (USPTO) conducts an intensive examination of every trademark application submitted by individuals, groups and organizations. Keep in mind that registering your trademark, which can be an image, words or sound, can be a challenging task because of the strict requirements and process, especially if you’re taking it on your own.
We suggest that you hire an experienced trademark agent or attorney to handle the dirty work, so to speak. But it also pays to know the basics of the initial application process since it’s your trademark and the rights and responsibilities that come with it rests squarely on your shoulders.
Select Your Mark Properly
If you want to start the trademark registration process on the right foot, you have to select your mark properly. You have to choose it with extreme care since not every mark can be registered with the USPTO and not every mark can also be legally protected. In case of the latter, a mark may be unacceptable as a basis for a legal claim by its owner who wants to prevent others from using a similar mark on related products and/or services.
You don’t want to make the rookie mistake of submitting an initial application for your trademark only to find out that it cannot be registered. Aside from checking that, indeed, it can be registered, you have to determine the ease and effectiveness of protecting it based on its strength.
You have to take note, too, that USPTO isn’t responsible for the enforcement of your trademark – its primary function is to register trademarks and patents. You, the trademark owner, have the primary and exclusive responsibility for its enforcement including when others are using it to their commercial advantage.
You should also take note of the acceptable format of marks before submission to the USPTO. You must also precisely identify your products and/or services that the mark will be applied on.
Search the Database
Before you file a trademark application, you should also search the USPTO database for similar marks. Your main goal: To determine whether another individual or organization has already claimed trademark rights similar to your mark and used them on related products and/or services through a federal registration.
A clearance search will save costs on trademark registration, too, since the USPTO generally doesn’t grant refunds. Thus, even if your initial application isn’t approved for one reason or another, a refund check won’t be in your mail.
You must also know that any and all personal information submitted to the USPTO at any point in the application and registration process becomes public record. Your full name, phone number and e-mail address, and street address will be part of the public database, which may or may not be a cause for concern on your part.
資料來源: CtR智群知識產權事務所
