Patent applications include submitting applications yourself or entrusting an agency to apply. If you apply through an agency, you only need to provide a technical briefing and pay the corresponding agency fees and official fees after mitigation. Others Just leave full authority to the agency. The following also explains to you the relevant matters you need to know about your application.
Patent application process:
1. Confirm the type of patent that needs to be applied for.
2. To search for patents of the same type, you can search independently or entrust an agency to conduct a more comprehensive search.
3. Prepare the application documents and submit them to enter the application step.
4. Obtain the acceptance notice.
5. Preliminary review. (If it is an invention patent application, the invention patent application must first undergo a confidentiality review before the preliminary examination. If confidentiality is required, it shall be handled according to confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, which mainly includes review
Whether the content falls within the scope of the Patent Law that does not grant patent rights, whether it is obviously lacking in technical content and cannot constitute a technical solution, whether it lacks unity, whether the application documents are complete and whether the format meets the requirements.
If it is a foreign application. The applicant must also undergo a qualification review and application procedure review. If the applicant fails to pass the application, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit. If the applicant fails to respond within the time limit, the application will be deemed to have been withdrawn despite the reply.
If the invention patent application passes the preliminary examination, a preliminary examination acceptance notice will be issued. In addition to the above examination, it will also be examined whether it is obvious and existing. If the patent is the same and it is not a new technical solution or new design, and no reason for rejection is found after the preliminary examination, it will directly enter the authorization stage)
6. Publication stage (special). Refers to invention patent application). An invention patent application enters the publication stage from the date of issuance of the notification of passing the preliminary examination. If the applicant does not make a request for early disclosure, it will not enter the disclosure preparation process until 15 months from the filing date. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette and a single volume of the specification will be published in the Patent Gazette about three months later. After the application is published, the applicant
obtains the right to temporary protection. Obtain patent authorization letter.
7. Substantive examination (especially invention patents). Conduct a comprehensive review of whether the patent application has novelty, inventiveness, practicality and other substantive conditions stipulated in the patent law. If upon review it is found that the conditions for authorization are not met or there are various deficiencies, the applicant will be notified to state opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn. If the application still does not meet the requirements after the second reply, it will be rejected. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn.
If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
8. Authorization stage. Utility models and designs can directly enter the authorization stage after passing the fifth step of review.
Materials required for patent application:
1. If applying for an invention patent, the application documents should include: invention patent request, abstract, abstract drawings (when applicable), description, rights Requirements, instructions and drawings (when applicable), each in duplicate.
2. When applying for a utility model patent, the application documents should include: utility model patent request, abstract, abstract drawings (when applicable), description, claims, description drawings, each in duplicate. .
3. When applying for a design patent, the application documents should include: a design patent request, pictures or photos (if color protection is required, color pictures or photos should be submitted) and a brief description of the design. , each in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed.
There are many types of official fees charged by the State Intellectual Property Office for patent applications. They are collected according to different types and application situations. You can go to the official website of the State Intellectual Property Office to check the list of patent fee standards of the State Intellectual Property Office.
When applying for a patent, you can apply for patent fee exemption, which can appropriately reduce some financial burdens.