Route 1: Applicants apply by themselves (submit application documents to the Patent Office or local agency and pay relevant fees); China National Intellectual Property Administration manages the national patent work (including foreign-related intellectual property affairs; There is no administrative law enforcement power to directly handle and mediate patent disputes; It has the function of guiding the formulation and implementation of local laws and regulations and designating jurisdiction); Accept and examine patent applications in a unified manner and grant patent rights according to law (local intellectual property offices have no function to examine and grant patent rights).
Path 2: Entrust a patent agency to apply.
Generally, professional organizations should be entrusted to avoid the reduction of authorization rate or improper protection scope due to insufficient understanding of relevant legal knowledge or related procedures.
China National Intellectual Property Administration is the only institution in China that has the right to accept patent applications. China National Intellectual Property Administration has representative offices in 28 cities across the country, accepting patent application documents and charging various patent fees.
Second, the application documents
The legal documents submitted when applying for a patent must be in written form and filled in according to the prescribed unified format. To apply for different types of patents, you need to prepare different documents.
(1) To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with the attached drawings of the specification when necessary), the patent claim, the abstract and the attached drawings (with the attached drawings of the specification) in duplicate.
(2) 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 in duplicate.
(3) Where an application for a design is filed, the application documents shall include: a request for a patent for design, and a picture or photograph in duplicate. If color protection is needed, a color and a black-and-white picture or photo shall also be submitted. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
(4) Where a company applies for a patent, the application documents shall include a copy of the business license of the enterprise as a legal person and the organization code certificate (with official seal) in duplicate, and the inventor's ID number shall also be submitted in duplicate. Address, postal code, telephone number and other means of communication.
(5) Where an individual applies for a patent, the application documents shall include two copies of the identity cards of the applicant and the inventor, and shall also submit the address, postal code, telephone number and other communication methods of the applicant.
Legal basis:
patent law of the people's republic of china
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.