1. How to apply for a patent
To apply for a patent, you must submit the necessary application documents and pay the fees as required. Patent applications must be processed in paper form or electronic application form. Verbal explanations or provision of samples or models cannot be used in place of paper or electronic application documents.
All formal documents must be signed and sealed in accordance with regulations, and the signature and seal must be exactly the same as the name filled in the request. The signature may not be copied. Procedures involving the transfer of rights must be signed and sealed by all applicants. Other procedures may be handled by the applicant's representative. If a patent agency is entrusted, the signature and seal of the patent agency shall be handled.
If the formalities require supporting documents or attachments, the supporting documents and attachments shall be originals or copies, and no photocopies shall be used. If there is only one original copy, a copy can be used, but it must be accompanied by a certificate issued by a notary office that the copy is consistent with the original.
2. How to arrange application documents when submitting an application?
Invention or utility model patent application documents should be arranged in the following order: request, abstract of description, abstract with drawings, claims , instructions, instructions and drawings. Design patent application documents should be arranged in the order of request, pictures or photos, and brief description. Each part of the application document should be numbered sequentially with Arabic numerals.
3. Paper requirements for application documents
The paper quality of application documents should be equivalent to the quality of paper used in photocopiers. There should be no useless words, marks, frames, lines, etc. on the paper. All documents must be in A4 size (210 mm × 297 mm) paper.
The application documents should be used in portrait orientation. The text should be arranged from left to right, leaving 25 mm of margin on the left and top of the paper, and 15 mm of margin on the right and bottom of the paper to facilitate publication and review. The first page of each part of the application document must use the form uniformly developed by the State Intellectual Property Office. These forms can be obtained from the information desk in the reception hall of the Patent Office, from the Patent Office agencies in various places, or downloaded directly from the website of the State Intellectual Property Office.
4. What are the text and writing requirements of application documents?
All parts of application documents must use Chinese characters. If there is no unified Chinese translation of foreign names, place names and scientific and technological terms, the original text should be indicated in brackets after the Chinese translation. If the attachments or certificates provided by the applicant are in a foreign language, they should be accompanied by a Chinese translation. The application documents (including the request letter) should be typed or printed in Song font, imitation Song font or regular script. The handwriting should be black and the character height should be between 3.5 and 4.5. mm, the line spacing should be between 2.5 and 3.5 mm. If it is required to submit two documents, one of them should be the original and the other should be a copy, and the contents of the two documents must be consistent. If there are pictures in the application documents, they should be drawn with ink and drawing tools, or drawn with drawing software. The lines should be even and clear and must not be altered. Engineering blueprints may not be used.
5. Requirements for unity of patent application content
An invention or new utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application. A design patent application shall be limited to one design. Two or more similar designs for the same product, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application.
6. Filling in and writing application documents
There are specific requirements for filling in and writing application documents. Applicants can fill in or write them by themselves, or they can entrust a patent agency to do it for them. ?
7. Acceptance of patent applications
After the Patent Office Acceptance Office or each patent office agency receives a patent application, the application that meets the acceptance conditions will determine the application date and give Application number, issue acceptance notice. If the number of application documents submitted by the applicant to the Patent Office Acceptance Office or each Patent Office agency is less than 10, a review will be conducted at that time to see if the application meets the acceptance conditions. If the application meets the acceptance conditions, a notification of acceptance will be issued on the spot.
8. Notice of Acceptance
If you submit application documents to the Patent Office Acceptance Office, you will generally receive them from the Patent Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office) in about one month. If you do not meet the acceptance conditions, you will receive a notice of rejection and a copy of the returned application documents. If the applicant has not received a notification from the Patent Office for more than one month, the applicant should make a timely inquiry to the Acceptance Office of the Patent Office to discover in a timely manner that the application documents or notification may have been lost in the mail.
9. Things to note when submitting application documents
If you apply for a patent or go through other procedures with the Patent Office, you can submit the application documents or other documents in person or by mail to the acceptance office of the Patent Office. , you can also submit the application documents in person or by mail to any patent office agency. When submitting documents, you should pay attention to the following matters:
(1) When submitting application documents or documents for various procedures to the Patent Office, the forms uniformly formulated by the State Intellectual Property Office should be used. The form can be downloaded from the Internet at www.sipo.gov.cn, or can be obtained at the acceptance hall of the State Intellectual Property Office or by letter (send the letter to: Issuing Office of the Preliminary Examination and Process Management Department of the Patent Office of the State Intellectual Property Office) .
(2) One form can only be used for one patent application.
(3) Applicants should keep drafts of various documents submitted to the Patent Office to ensure the consistency of document filling during the application review and approval process, and can serve as a reference when responding to examination opinions.
(4) Application documents are to be mailed and should be sent by registered mail. If the application documents cannot be sent by registered mail, they can be sent by express mail. Application documents cannot be sent by parcel. In addition to stating the detailed address (including postal code) of the Patent Office or the Patent Office agency, the registered letter should also be marked with "Application Documents" and "State Intellectual Property Office Patent Office Acceptance and Receipt" or "State Intellectual Property Office Patent Office". "Collected by Bureau ×× Agency". If the application documents are submitted through a courier company, the date of actual receipt by the Patent Office acceptance office and each Patent Office agency shall be the date of application. One registered letter should contain only the documents for the same application. After mailing, the applicant should properly keep the registered receipt stub.
(5) The Patent Office does not accept samples, samples or models when accepting patent applications. During the examination procedure, when the applicant submits samples or models at the request of the examiner, if the applicant submits the sample or model in person at the patent office acceptance window, the applicant shall present the notice of examination opinion; if the applicant submits the sample or model by mail, it shall indicate on the email “In response to the examiner ××× ( name) request to submit a model".
(6) If the address of the applicant or patentee changes, the applicant should promptly submit a change to the bibliographic items to the Patent Office; if the applicant terminates the agency relationship with the patent office, the applicant should go through the change procedures with the Patent Office.
(7) If the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day, he shall state these separately in the application. If no explanation is given, the provisions of Article 9, Paragraph 1 of the Patent Law regarding the same applicant applying for both a utility model patent and an invention patent for the same invention and creation on the same day do not apply, which will result in the inability to authorize the invention patent.
(8) Any unit or individual who intends to directly apply for a foreign patent for an invention or utility model completed in China must submit a confidentiality review request to the Patent Office of the State Intellectual Property Office in advance and explain its technology in detail. Plan; if you first apply for a patent to the Patent Office of the State Intellectual Property Office and plan to subsequently apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution, you should file a confidentiality request before applying for a patent in a foreign country or submitting an international patent application to a relevant foreign institution. A confidential review request can also be made at the same time as applying for a patent in the Patent Office of the State Intellectual Property Office. When an international patent application is submitted to the State Intellectual Property Office, it is deemed that a request for confidentiality examination has been made at the same time.
Patent fees
1. How to pay the application fee
The application fee and other fees can be paid directly to the Patent Office Charge Office or the Patent Office Agency. , or pay via bank or post office. Currently, banks use electronic transfers and most post offices use electronic remittance. When the payer pays the patent fee through a bank or post office, the correct application number or patent number should be written on the money order, and the abbreviation can be used for the name for which the fee is paid.
The payer should ask the bank or post office staff to enter the above payment information in the remittance postscript. If the payment is made through the post office, the payer should also ask the post office staff to enter the complete mailing address, including postal code. This information will be important in subsequent procedures. Functional. Fees may not be sent to the Patent Office Reception Office.
2. When is the application fee payment time?
If you submit the application documents in person, you can pay the application fee at that time after obtaining the acceptance notice and the application fee payment notice, or you can pay the application fee through Post office, bank transfer. If the application is submitted by mail, the application fee should be paid after receiving the acceptance notice and the application fee payment notice. To pay the application fee, you need to indicate the corresponding application number. The applicant should pay the fee within two months from the date of application or within 15 days from the date of receipt of the acceptance notice.
3. Determination of the payment date?
If the application fee or other fees are paid in person to the Patent Office Charges Office, the day of payment shall be the date of payment. If the fee is paid by post office remittance, the postmark date remitted by the post office shall be the payment date. If fees are paid by bank transfer, the date of actual remittance by the bank shall be the payment date.
IV. Notes on payment
(1) The payer can pay patent fees directly to the Patent Office or the Patent Office Agency. To check the information of the Patent Office, please log in to www.sipo.gov.cn
Payers can also remit patent fees through banks or post offices. When remitting patent fees through a bank or post office, the correct application number (or patent number) and fee name (or abbreviation) should be written in the postscript column of the remittance form. The correct application number or patent number should be 9 digits (patents applied before October 1, 2003) or 13 digits (October 1 (1), 2003). The payer can pay the patent fee directly to the Patent Office or the Patent Office Agency. To check the information of the Patent Office, please visit www.sipo.gov.cn
Payers can also remit patent fees through banks or post offices. When remitting patent fees through banks or post offices, they should include the remittance slip. Please indicate the correct application number (or patent number) and fee name (or abbreviation) in the postscript column. The correct application number or patent number should be 9 digits (for patents applied before October 1, 2003) or 13 digits (for patents filed before October 1, 2003). Patents applied after October 1, 2003) must not be missing, and the decimal point before the last check digit can be omitted.
For example: the 9-digit application number can be written as 9910xxxx.2 or 9910xxxx2; 13. The application number can be written as 200510xxxxxx.1 or 200510xxxxx1.
(2) When the payer remits money, the application number or patent number and the mailing address and postal code of the payer should be carefully checked when receiving the bank or post office remittance voucher. . To avoid the loss of necessary information due to errors by bank or post office staff, this information will play an important role in subsequent procedures. When remitting money through the post office, one application number (or patent number) should be used as one remittance.
(3) If the payer fails to indicate the above necessary information when making the remittance, it can be supplemented by fax or email on the day of remittance. Any information provided after this period will be deemed to be invalid. is invalid information.
If additional information is needed to pay patent fees through a bank, the following should be provided in a fax or email: a copy of the bank’s remittance order, the date of remittance, and the application number of the paid fee (or patent No.) and the name and sub-amount of each fee, the name of the remitter, the detailed address of the payer, and other information. If additional information is needed to pay patent fees through the post office, the following information should be provided in the fax or email: The date of remittance. , the application number (or patent number) of the fee paid, the name and item amount of each fee, the money order number, the merchant customer number, the name of the remitter, the detailed address, postal code and other information.
Adopt. If the payment information is supplemented by fax or email, the payment date will be the date when the Patent Office receives the correct information. If the remittance is returned or placed in temporary deposit due to overdue supplementation of payment information or the supplementary information does not meet the regulations, it will be deemed to have not been paid. Fee.
If you use fax to supplement payment information, you need to call the fax number again to confirm. Fax number: 010-62084312; 010-62088065. If you send a fax via 010-62088065, you should call 010- 62088028 or 010-62088029 for confirmation.
Bank remittance:
Account opening bank: CITIC Bank Beijing Zhichun Road Branch
Account name: Patent Office of the State Intellectual Property Office of the People's Republic of China
Account number: 7111710182600166032
Post office remittance:
Payee name: Charge Office of the Patent Office of the State Intellectual Property Office
Merchant customer No.: 110000860 (can replace the address and postal code)
Address and postal code: No. 6, Tucheng Road, Jimenqiao West, Haidian District, Beijing (100088)
Fax: 010-62084312
E-mail: shoufeichu@sipo.gov.cn
(4) Fee inquiry service
Payers can inquire about individual payment information by phone. Inquiry hotlines: 010-62085566; 010-62088166; 010-62088036; 010-62088041; 010-62088040; 010-62088042
Payers can also inquire about individual cases and batch payment information via email. When making inquiries, the application number, receipt number and remittance related information should be provided.
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