The applicant may submit a patent application directly to China National Intellectual Property Administration in person, by post or through a local agency. China National Intellectual Property Administration established an electronic application system on March 6, 2004. Applicants can submit patent applications through the website of China National Intellectual Property Administration Municipal Government.
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 carry out early publication and substantive examination in the examination and approval, but only has three stages: acceptance, preliminary examination and authorization.
Methods/steps
Pre-application enquiry
On-line patent retrieval of the United States Patent and Trademark Office
, you can also get it 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". If the application documents are submitted by the courier company, the date of actual receipt by the Patent Office and its agencies shall be 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.
(7) Where the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, it shall be stated separately at the time of application. If there is no explanation, the provision in the first paragraph of Article 9 of the Patent Law that the same applicant applies for a utility model patent and an invention patent at the same time on the same day shall not apply, resulting in the invention patent not being granted.
(eight) any unit or individual who directly applies for a patent for an invention or utility model completed in China shall submit a request for confidentiality review to the China National Intellectual Property Administration Patent Office in advance, and explain its technical scheme in detail; If you first apply for a patent in China National Intellectual Property Administration Patent Office, but intend to apply for a patent in a foreign country or submit an international application for a patent to a relevant foreign institution, you should file a request for confidentiality review before applying for a patent in a foreign country or submitting an international application for a patent to a relevant foreign institution, or you can file a request for confidentiality review at the same time as applying for a patent in China National Intellectual Property Administration Patent Office. Where an international patent application is submitted to China National Intellectual Property Administration, it shall be deemed that a request for confidentiality review has been made at the same time.
patent fee
First, the application fee payment method
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 most post offices use electronic remittance. When paying patent fees through banks or post offices, the payer shall indicate the correct application number or patent number on the money order, and the name of the payer may be abbreviated. The payer shall 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.
2. When will the application fee be paid?
If the application documents are submitted in person, the application fee can be paid on the spot after obtaining the notice of acceptance and the notice of payment of the application fee, or remitted by post office or bank. If an application is submitted by mail, the application fee shall be paid after receiving the notice of acceptance and the notice of payment of the application fee. To pay the application fee, the corresponding application number shall be indicated, and the applicant shall pay the fee within two months from the date of application or within/0/5 days from the date of receiving the acceptance notice.
Third, determine the date of payment?
Where 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. If payment is made by post office remittance, the postmark date of post office remittance shall be the payment date. If payment is made by bank remittance, the actual remittance date of the bank shall be the payment date.