Guide to patent application
1. Types of patent applications
There are three kinds of patent applications: invention, utility model and design. You may apply for a patent for invention for the new technical scheme proposed by the product, method or its improvement; You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products; A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design.
2. What application documents should be submitted to apply for a patent?
To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (if there are drawings in the specification, the drawings in the specification shall be submitted), the patent claim and the abstract (if necessary, the drawings shall be included in the abstract) in duplicate. ?
For an application for a patent for invention involving amino acid or nucleotide sequence, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and the page number shall be written continuously with the specification. At the same time, a CD or floppy disk with an ordered list that meets the requirements of China National Intellectual Property Administration shall be submitted.
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings of the abstract in duplicate.
To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
3. The department that accepts the patent application
When applying for a patent, the applicant shall directly submit or mail the application documents to the reception desk of China National Intellectual Property Administration Patent Office (hereinafter referred to as the reception desk of the Patent Office), or to the local agency of China National Intellectual Property Administration Patent Office (hereinafter referred to as the agency of the Patent Office). At present, the agency is located in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin and Zhengzhou. The national defense patent branch specializes in accepting national defense patent applications.
4. How to apply for a patent
To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in written form or electronic application form. Written application documents cannot be replaced by oral explanations or samples or models. In the patent examination and approval procedure, only written documents have legal effect.
All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency.
If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
5. When submitting an application, how are the application documents arranged?
The application documents for a patent for invention or utility model shall be arranged in the following order: request, abstract of specification, appended drawings of abstract, patent claim, specification, appended drawings of specification and other documents. The application documents for a patent for design shall be arranged in the order of the request, the picture or photograph and a brief explanation. All parts of the application documents shall be numbered with Arabic numerals respectively.
6. Paper requirements for application documents
The paper quality of application documents should be equivalent to that of copy paper. No useless words, marks, boxes, lines, etc. On the paper. All documents shall be A4 size (2 10/0mm× 297mm) paper.
The paper of application documents should be used vertically, with only one side. The text is arranged from left to right, with 25 mm blank in the upper left and 15 mm blank in the lower right, which is convenient for publication and review. The front pages of all parts of the application documents must use the format uniformly formulated by China National Intellectual Property Administration. These forms can be obtained from the consulting office in the reception hall of the Patent Office, from patent offices around the country, or directly downloaded from the website of China National Intellectual Property Administration.
7. What are the writing methods and writing requirements of the application documents?
All parts of the application documents shall be in Chinese. If there is no uniform Chinese translation of foreigners' names, place names and technical terms, English or the original text shall be indicated in brackets after Chinese. If the attachments or supporting documents provided by the applicant are in a foreign language, they shall be accompanied by a Chinese translation. The application documents, including the request, should be typed or printed in Song Dynasty, imitation Song Dynasty or regular script, and the handwriting should be black, with the word height between 3.5 and 4.5 mm and the line spacing between 2.5 and 3.5 mm. If two documents need to be submitted, one is the original and the other is the copy, and the contents of the two documents should be consistent. If there are drawings in the application documents, they shall be drawn with ink and drawing tools, or with drawing software, and the lines shall be uniform and clear, and shall not be altered. Engineering blueprints shall not be used.
8. Uniqueness requirements of patent application content
An application for a new patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application.
9. Filling and writing of application documents
There are specific requirements for the filling and writing of the application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing the application documents and the legal rigor of the examination and approval procedures, it is worth promoting for applicants with little experience. ?
10. Acceptance of patent applications
After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions. The application documents submitted by the applicant to the acceptance office of the patent office or the agency of each patent office shall be examined at that time to see if the application meets the acceptance conditions. If it meets the acceptance conditions, the acceptance procedures shall be handled on the spot.
1 1. Accept notification.
If you send the application documents to the Patent Office, you can generally receive the acceptance notice from the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office) within one month. Those who do not meet the acceptance conditions will receive a notice of rejection and a copy of the returned application documents. If the notice from the Patent Office has not been received for more than one month, the applicant shall promptly check with the reception desk of the Patent Office to find out the possible loss of the application documents or notices in the mail.
12. Payment method of application fee
The application fee and other fees can be paid directly to the toll office or agency of the Patent Office, or remitted through the bank or post office. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the money order, and shall abbreviate the name of the payer. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript column. If you remit money through the post office, you should also ask the post office staff to enter the complete mailing address, including the postal code, which will play an important role in future procedures. Fees shall not be sent to the Patent Office.
13. When will the application fee be paid?
If the application documents are submitted in person, you can pay the application fee at that time after obtaining the acceptance notice and the application fee payment notice. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
14. What is the date of payment?
If the application fee or other fees are paid in person to the toll office of the Patent Office, the payment date shall be the payment date. Remittance to the toll office of the Patent Office shall be based on the actual remittance date of the bank or post office if the remittance method complies with relevant regulations. However, if it is more than 15 days from the date of remittance to the date of receipt by the Patent Office, except for the certificate provided by the post office or bank, the date of receipt by the Patent Office shall be the payment date.
15. Patent approval procedures?
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not undergo early publication and substantive examination in the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.
16. Actively modify and correct the application documents.
The active modification and correction of application documents is also a procedure that applicants can choose according to their needs. Applications for patents for utility models and designs are only allowed to be modified voluntarily within two months from the date of application; The application for a patent for invention is only allowed to actively modify the application documents within three months from the date of filing the request for substantive examination and receiving the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.
17. Reply to various notices from the Patent Office
(1) Observe the deadline for reply, and the consequences of late reply are the same as those of no reply.
Answer the questions pointed out in the Notice of Review Opinions one by one. The reply can agree with the examiner's opinion, and make corrections or amendments to the application according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons.
(2) Defects in format or procedure can generally be eliminated by correction; Obvious substantive defects are generally difficult to eliminate through revision or modification. In most cases, we can only defend and state our opinions on whether there are or are obvious substantive defects.
(3) The modification of an application for a patent for invention or utility model shall not exceed the scope recorded in the original specification and claims, and the modification of an application for a patent for design shall not exceed the scope shown in the original picture or photograph. When submitting the revised document, a replacement page shall be attached in the prescribed format.
(4) The defence shall be filed in the prescribed form. Such as submitting corrections or comments. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying.
18. The application is deemed to be withdrawn and resumed.
If the prescribed procedures are not completed within the time limit, the application shall be deemed to be withdrawn, and the Patent Office shall issue a notice of deemed withdrawal. If the applicant has justified reasons, he may, within two months from the date of receiving the notice of deemed withdrawal, request the Patent Office to restore his rights and explain the reasons. Anyone who requests the restoration of rights shall submit the Request for Restoration of Rights, explain the justified reasons for the extension, pay the restoration fee, and complete all the unfinished procedures that should be handled. The procedures for handling formalities and paying fees should generally be completed within the above two months.
19. patent registration?
Where an application for a patent for utility model or design has undergone a preliminary examination and an application for a patent for invention has undergone a substantive examination, and no reason for rejection has been found, the Patent Office shall issue a notice of authorization and a notice of registration. After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities and pay the prescribed fees within two months according to the requirements of the notice. If the registration formalities are overdue and the prescribed fees are paid, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register and announce it in the patent gazette, and the patent right will take effect as of the date of announcement. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right.
20. Reject the application and ask for a review?
In the examination procedure, after the applicant has stated his opinions or made amendments or corrections according to the requirements of the examiner, if the Patent Office considers that the application still does not conform to the provisions of the Patent Law and its detailed rules for implementation, it will make a decision to reject the application and notify the applicant in writing. If the applicant refuses to accept the decision of the Patent Office to reject the application, he may, within three months from the date of receiving the notice, request a reexamination from the China National Intellectual Property Administration Reexamination Board. The request for reexamination shall be submitted in duplicate, which shall specify the reasons for reexamination, and the reasons for reexamination shall appeal against the matters requested in the rejection decision of the Patent Office, otherwise it will not be accepted. In order to support the reasons for reexamination or eliminate the defects in the application documents, the applicant may attach relevant supporting documents or materials when requesting reexamination, or modify part of the contents involved in the rejection decision. The request for review shall be made by all applicants. The request for review shall also pay the prescribed fee.
2 1. Registration fee.
When going through the registration formalities, you don't need to submit any documents. Applicants only need to pay the patent registration fee (including announcement printing fee) and the annual fee and stamp duty for the year of authorization as required. When an application for a patent for invention is authorized, if the application date is more than two years apart, an application maintenance fee shall also be paid. The authorized year shall pay the corresponding fees according to the year specified in the registration notice.
22. Recovery after giving up the patent right.
If the applicant fails to go through the registration formalities within the prescribed time limit, it shall be deemed as giving up the right to obtain the patent right. If the applicant has justified reasons to postpone the deadline, he can request the restoration of his rights. The request for restoration of rights shall be filed within two months from the date when the Patent Office issues the notice of giving up the patent right, and at the same time, the registration formalities shall be completed (the patent registration fee and the annual fee for authorization shall be paid, and the maintenance fee shall also be paid when applying for the invention patent) and the prescribed fee for restoration of rights shall be paid.
23. Maintenance of patent right
After the patent application is granted the patent right, the patentee shall pay the annual fee for the next year in advance one month before the expiration of each year. If the annual fee is not paid or not paid in full, the Patent Office will issue a notice of payment, informing the patentee to pay it within six months from the date when the annual fee should be paid, and at the same time pay the late fee. The amount of overdue fine is calculated by adding 5% of the full annual fee of the current year for each month that exceeds the prescribed payment time; If the amount paid is not paid or insufficient, the patent right shall be terminated from the date when the annual fee payable expires.
24. Termination of patent right
The termination of patent rights can be divided into: (1) expiration termination: the invention patent right is 20 years from the application date, and the utility model or design patent right is terminated according to law from the application date 10 year; (2) Termination of non-payment: If the applicant fails to pay or fails to pay the annual fee and late payment fee after the Patent Office issues a payment notice informing the applicant to pay the annual fee and late payment fee, the patent right shall be terminated from the expiration date of the previous year.
25. The patent right is invalid
From the date when the patent application is authorized, any unit or individual may request the invalidation of the patent right if it considers that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law. Where a patent right is requested to be declared invalid or partially invalid, the applicant shall pay the required fees and submit a request for invalidation in duplicate, indicating the name and patent number of the patent requested to be declared invalid, the facts and reasons on which it is based, and attach the necessary evidence. If a party refuses to accept the decision on the request for invalidation of a patent, he may bring a suit in a people's court within three months from the date of receiving the notice. The patent office shall register and announce the decision after it becomes legally effective. An invalid patent right shall be regarded as nonexistent from the beginning.
26. The legal effect of the patent register
The patent register is a legal document specially used by the patent office to register these patent procedures and changes in the legal status of patents. After a patent application is granted a patent right, anyone can request the Patent Office to issue a copy of the patent register of the patent. The request for a copy of the patent register shall be paid. A copy of the patent register can be used as a certificate to prove the legal status of patents in economic or legal affairs related to patents.
27. Matters needing attention in submitting application documents
To apply for a patent or go through other formalities in the Patent Office, you can submit or send the application documents or other documents directly to the Patent Office's acceptance office or any of the above-mentioned patent offices. When submitting documents, you should pay attention to the following items:
(1) To submit application documents or documents for handling various formalities to the Patent Office, the format uniformly formulated by China National Intellectual Property Administration shall be used, the application documents shall be in duplicate, and the procedure documents may be in duplicate; This form can be downloaded from the Internet in www.sipo.gov.cn, or obtained in the reception hall in China National Intellectual Property Administration or by letter (sent to the issuing room of the preliminary examination and process management department of China National Intellectual Property Administration Patent Office).
(2) A form can only be used for one patent application.
(3) All documents submitted to the Patent Office shall be kept by the applicant, so as to ensure the consistency of document filling in the process of application examination and approval, and can be used as a reference when replying to the examination opinions.
(4) If the application documents are sent by post, a registered letter shall be used. If it cannot be sent by registered mail, it can be sent by express mail, and the application documents cannot be sent by parcel. In addition to indicating the detailed address of the Patent Office or its agency (including postal code), the registered letter should also indicate the words "application documents", "China National Intellectual Property Administration Patent Office accepted" or "China National Intellectual Property Administration Patent Office accepted". It is best not to submit the application documents through the courier company, but through the courier company, with the actual date of receipt of the application documents by the patent office and its agents as the application date. Registered letters should only contain the same application documents. After mailing, the applicant shall properly keep the registered receipt stub.
(5) The Patent Office does not accept samples, samples or models when accepting patent applications. In the process of examination, when the applicant submits a sample or model at the request of the examiner and submits it in person at the acceptance window of the Patent Office, it shall present a notice of examination opinions; If it is mailed, the words "submit the model at the request of the examiner (name)" shall be written on the mail.
(6) Where the address of the applicant or the patentee changes, it shall submit a description of the change to the Patent Office in time; When the applicant terminates the agency relationship with the Patent Office, he shall go through the formalities of change at the Patent Office.