1, application
The documents to be submitted in an application for a patent for invention and utility model include the request, the patent claim, the specification, the appended drawings of the specification, the abstract of the specification and other documents. The documents to be submitted when applying for a patent for design include a request, pictures or photographs, a brief description and other relevant documents.
Step 2 accept
After receiving the patent application documents, China National Intellectual Property Administration Patent Office will issue an acceptance notice, determine the date of patent application and give the patent application number. For the lack of necessary application documents or other violations of legal provisions, it will not be accepted.
3. First trial
After receiving the application documents, the Patent Office first examines the application documents and pays the fees. If the preliminary examination fails, the applicant shall make corrections or statements in accordance with the notice; If it still does not meet the requirements, it shall be rejected. If the application for a patent for utility model or design has passed the preliminary examination and no reason for rejection is found, it will directly enter the authorization procedure for authorization.
4. Publications (unique to invention patent applications)
If the application for a patent for invention passes the preliminary examination, it will enter this stage. If the Patent Office considers that it meets the requirements of the Patent Law after preliminary examination, it shall publish it in the bulletin of invention patent within 18 months from the date of application. The Patent Office may also publish its application at an early date upon the request of the applicant.
5, substantive examination (unique to the invention patent application)
Within 3 years from the date of filing, the Patent Office may, upon the request of the applicant at any time, conduct substantive examination of his application. If the applicant fails to make a request within this time limit, his application will be deemed to have been withdrawn. However, if the request cannot be made in time due to force majeure or other legitimate reasons, a certificate may be issued before the request is made. When the Patent Office deems it necessary, it may also conduct substantive examination of the application for a patent for invention on its own.
Step 6 ratify
After the actual examination of the application for a patent for invention, if the reasons for rejection of the patent for utility model and design are not found after the preliminary examination, the patent right shall be granted and a patent certificate shall be issued. A patent authorized and issued with a patent certificate shall be registered in the Bulletin of Invention Patents, and the patent right shall take effect as of the date of announcement.