1, the parties file a patent application;
2, the patent administrative department of the State Council within eighteen months after receiving the application for a patent for invention, preliminary examination, meet the requirements, to be published;
3. Within three years from the date of filing, an application for a patent for invention will be issued with a patent certificate for invention if it passes the substantive examination.
Required materials and specific process:
(1) shall provide the following contents:
1. Formula composition and content of each component;
2. Preparation method of medicine;
3. Method of use and effective dosage of drugs;
4. Pharmacodynamic test report and clinical trial summary;
Tips: Prescription patent application is not recommended.
(2) Methods/steps:
1. Submit the application
After confirming the patent document, the applicant submitted an application to China National Intellectual Property Administration on the same day and returned a copy of the patent application document and the patent number the next day.
2. Acceptance of patent applications
China National Intellectual Property Administration will issue the Notice of Acceptance of Patent Application, Notice of Payment of Patent Application or Notice of Examination and Approval of Fee Reduction within 7 working days, and pay the application fee within 2 months from the date of receiving the notice of acceptance.
3. Preliminary examination of patent application
After receiving an application for a patent for invention, China National Intellectual Property Administration needs to conduct a preliminary examination. After passing the preliminary examination, it will be published from the date of application 18 months later. The Patent Office may also publish its application at an early date upon the request of the applicant. The preliminary examination mainly includes: ① Whether the application documents are complete; (2) Whether the form meets the standard; ③ Whether the expenses are paid. In the preliminary examination, the Patent Office will issue a notice of correction for the above matters, and the applicant will make corrections.
4. Substantive examination of patent application
After the invention application is made public, the Patent Office will start the substantive examination after receiving the applicant's request for substantive examination. The examiner issues a notice of examination opinions, evaluates the novelty, creativity and practicability of the application for a patent for invention, and points out the substantive defects in the application documents.
5. Authorization of patent application
After authorization, China National Intellectual Property Administration issued the Notice of Granting Invention Patent Right and the Notice of Handling Registration Procedures, and the applicant paid the authorization registration fee and 1 year annual fee within 2 months after the authorization notice was issued.
6. Patent application certification
The applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, authorized annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can obtain a patent certificate after going through the registration formalities.
legal ground
patent law of the people's republic of china
Article 37
After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Article 39
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.