Article 2 of the Detailed Rules for the Implementation of the Patent Law stipulates that all procedures stipulated in the Patent Law and its detailed rules shall be handled in written form or in other forms stipulated by the Patent Office.
Other forms stipulated by the Patent Office include electronic documents.
Electronic application refers to a patent application submitted to the Patent Office through the Internet in the form of qualified electronic documents.
The Patent Law and its implementing rules and the provisions of this Guide on patent applications and other documents are applicable to electronic applications, except those submitted in paper form.
The format requirements of electronic documents shall be stipulated separately by the Patent Office. 2. Users of electronic applications
Electronic applicant refers to the applicant and patent agency that signed the user registration agreement of the electronic patent application system with China National Intellectual Property Administration (hereinafter referred to as the user registration agreement), went through the relevant registration procedures, and obtained the user code and password.
2. 1 electronic application representative
If there are more than two applicants who have not entrusted a patent agency, the electronic application user who submitted the electronic application shall be the representative.
2.2 Electronic signature
Electronic signature refers to the data attached to an electronic document submitted or sent through the electronic patent application system of the patent office, which is used to identify the identity of the signer and show the signer's approval of the content.
The signature or seal mentioned in the first paragraph of Article 119 of the Detailed Rules for the Implementation of the Patent Law refers to the electronic signature in the electronic application document, which has the same legal effect as the signature or seal of the paper document. 3. Electronic application for user registration
The registration methods of electronic application users include face-to-face registration, email registration and online registration.
To register an electronic application user, an application for registration of an electronic application user, a signed or sealed user registration agreement in duplicate and a user registration certificate shall be submitted.
3. 1 Electronic application for user registration request
The registration request of an electronic applicant shall adopt the standard format formulated by the Patent Office, and the request shall specify the name, type, certificate number, nationality or place of registration, habitual residence or place of business, detailed address and postal code of the registration applicant.
If the applicant for registration is a unit, the information of the agent shall also be stated in the request.
3.2 User registration documents
If the applicant for registration is an individual, a copy of the resident identity card or other identification documents signed or sealed by him shall be submitted. If the applicant for registration is a unit, it shall submit a copy of the business license or organization certificate stamped with the official seal of the unit and a copy of the identity certificate signed or sealed by the agent. If the applicant for registration is a patent agency, it shall submit a copy of the registration certificate of the patent agency stamped with the official seal of the patent agency and a copy of the identity certificate signed or sealed by the agent.
3.3 Review of Registration Requests
If the registration materials pass the examination, an electronic application for registration approval notice and a user registration agreement sealed by the Patent Office shall be issued to the registration requester, and the user code shall be given. For face-to-face registration, the registration requester will set the password face to face; If registered by mail, the password of the registration requester shall be informed in the notice of examination and approval of electronic application for registration; For online registration, the password is preset by the applicant when making a registration request.
If the registration materials fail to pass the examination and are registered in person, the reasons for not registering shall be directly explained to the registration requester, and the registration materials shall not be accepted; For mail registration and online registration, a notice of examination and approval of electronic application for registration request shall be sent to the registration requester, and the notice shall record the reasons for not registering, and the registration materials shall not be returned.
3.4 Change of User Information for Electronic Application
Registered users' passwords, detailed addresses, postal codes, telephone numbers, fax numbers, e-mail addresses and information tips are changed, and registered users should log on to the electronic application website to make online changes.
Where the information of the registered user's name, type, certificate number, nationality or place of registration, habitual residence or business office changes, the registered user shall submit a request for the change of the registered information of the electronic application user and the corresponding supporting documents to the Patent Office, and go through the change procedures.
The registered user code will not change. 4. Receiving and accepting electronic applications
The scope of acceptance of electronic applications includes:
(1) Applications for patents for inventions, utility models and designs.
(2) The international application has entered the national stage.
(3) the request for reexamination and the request for invalidation.
4. 1 receipt of electronic application
The applicant shall submit the electronic application documents in accordance with the prescribed file format, data standard, operation specification and transmission mode. According to the regulations, issue an electronic application receipt for the recipient; Do not meet the requirements, will not be accepted.
Any unit or individual who thinks that its patent application needs to be handled in accordance with the confidential patent application shall not submit it through the electronic patent application system.
4.2 Acceptance of electronic applications
If the content of an electronic application obviously does not belong to a patent application, it shall not be accepted.
The acceptance conditions of electronic applications shall conform to the provisions of Section 2. 1 in Chapter III of Part V of this Guide, and the acceptance procedures are as follows:
(1) Determine the application date and date.
The date when the electronic patent application system of the Patent Office receives the electronic document is the submission date.
The filing date is the date when the electronic patent application system of the Patent Office receives the patent application documents that conform to the provisions of the Patent Law and its detailed rules for implementation.
(2) Give the application number
The electronic patent application system of the patent office automatically assigns the application number according to the type and application date of the patent application, and records the application number in the request and database.
(3) issue a notice
If the electronic application meets the acceptance conditions after examination, the examiner shall issue a notice of acceptance of the patent application and a notice of payment of the application fee; Where a request for fee reduction is made, a notice of patent application acceptance and a notice of fee reduction approval shall be issued.