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Intellectual Property Knowledge | "Umezi sauce" is on fire, don't you know its patent application process?

2023-02-28

"Your shallow smile is like a ...... of black plum sauce", Li Ronghao's "Black Plum Sauce" has recently become popular all over the Internet, and even the search volume of black plum sauce on Taobao has soared to 843%, and many merchants have seized the opportunity to sell their own black plum jam. Is it okay to apply for a patent for my own plum jam? How do I apply?

First of all, it is feasible to apply for a patent for jams such as black plum sauce. According to Article 2 of the People's Republic of China Patent Law [Scope of Invention-Creation] The invention-creation referred to in this Law refers to inventions, practical models and designs, in which invention refers to a new technical solution proposed for a product, a process or its improvement, and if the jam has a special formula or a major improvement in the production process, it belongs to this category, so it can apply for an invention patent, and the term of protection of the invention patent is 20 years.

At the same time, if there are improvements in the jam-making machine, it may be possible to apply for a utility model patent, which has a term of protection of 10 years. If there is an improvement in the outer packaging of the jam, it may be possible to apply for a design patent, which has a term of protection of 15 years.

After understanding the above patent application knowledge, let's take a look at what is the process of applying for a patent?

The patent application process is as follows:

1. Preparation of application documents: patent application, specification, drawings of the specification, claims, abstract, abstract drawings and other documents, the number of documents is large, and the form requirements are strict, with legal effect, ordinary people can not complete independently, need the assistance of professional agencies.

2. Mail the application documents to the acceptance office of the Patent Office, or submit them through the patent electronic system.

3. If the patent application meets the conditions for acceptance, the application date shall be determined, the application number shall be given, and the notice of acceptance and payment of fees (or the notice of examination and approval of fee reduction) shall be obtained. In addition to the normal filing fee, the following application surcharges may apply: (1) the claim surcharge is subject to an additional fee of RMB 150 per item from item 11 onwards; (2) The surcharge for the instruction manual is 50 yuan per page from page 31 onwards and 100 yuan per page from page 301 onwards.

4. After paying the fee, wait for the patent authorization notice, and then pay the certificate fee, the annual fee of the current year and other fees. In the application process of invention patents, there are also official documents
such as the Notice of Publication and Substantive Examination

5. Obtain the patent certificate and the patent application is successful.

Whether it is a patent application for jam or other patent applications, there is a certain difficulty in drafting patent documents for non-professionals, which cannot fully protect the legitimate rights and interests of patentees and promote the application of inventions and creations.

Therefore, professional matters should be entrusted to a professional intellectual property protection service organization - Kane Topology Intellectual Property Service (Shanghai) Co., Ltd., to provide various intellectual property protection management consulting services including trademark rights, copyrights and patent rights, investigation, evidence collection and administrative, civil and criminal rights protection services, as well as corporate security and trade secret consulting and practical services. Kane Topology will serve you sincerely, so that you can worry about convenience and win-win cooperation with you.