Patent application process

Patents are divided into inventions, utility models and appearance patents. 1, the application process of the invention, submit the request and other documents to the patent management department, and then the patent department will conduct a preliminary examination. If the preliminary examination conforms to the provisions of the patent law, it will be announced. After the preliminary examination, within three years, the patent applicant may request a substantive examination, and after the substantive examination by the patent department, the patent shall be granted and announced. 2, utility model and appearance patent, is a direct preliminary examination, meet the requirements of the direct grant.

legal ground

Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents.

Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.

Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a 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.

Article 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.