Application process
1. Application phase
The application documents for utility model shall include: the request for the patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings of the abstract. An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage
China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the customer protected by the utility model patent. If there are customers who are not protected by the utility model patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
The utility model patent is only a preliminary examination, and there is no substantive examination like the invention patent application. It mainly examines whether the application for a patent for utility model has the documents and other necessary documents stipulated in Article 26 of the Patent Law, and whether these documents conform to the prescribed format, including the following matters:
Whether the application for a patent for utility model obviously belongs to the provisions of Articles 5 and 25 of the Patent Law, or obviously does not conform to the provisions of Articles 18 and 19, paragraph 1, or obviously does not conform to the provisions of Articles 31, paragraph 1, 33, paragraph 3 of Article 2, paragraph 2 or paragraph 4 of the Patent Law on novelty and practicality; Whether it obviously does not conform to the provisions of Article 26, Paragraph 3 or Paragraph 4, Article 31, Paragraph 1 and Article 33 of the Patent Law, or whether the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law; The Patent Office will notify the applicant of the examination opinions and ask him to state his opinions or make corrections within a specified time limit; If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. If, after the applicant has stated his opinions or made corrections, the Patent Office still considers that it does not meet the requirements listed in the preceding paragraph, it shall reject it.
3. Authorization stage
(1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
Application material
The legal documents submitted when applying for a patent must be in written form and filled in according to the prescribed unified format.
(1) The application documents shall include: the request for the patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings in duplicate.
(2) Where a company applies for a patent, the application documents shall include: a copy of the business license and organization code certificate of the enterprise as a legal person, and a copy of the inventor's ID card.
(3) Where an individual applies for a patent, the application documents shall include two copies of the identity cards of the applicant and the inventor, and the address, postal code, telephone number and other communication methods of the application shall also be submitted.
Reference article:/subtitle/subtitle/62869/62869.htm.