An inventor or designer refers to a person who has made creative contributions to the substantive features of invention and creation. In the process of completing the invention-creation, a person who is only responsible for organizing the work, providing convenience for the utilization of material and technical conditions or engaging in other auxiliary work does not belong to the inventor or designer. Any natural person who meets the above conditions can become an inventor.
The process of patent application:
1, Filling and Writing of Patent Application Documents
There are specific requirements for the filling and writing of patent application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.
2. Acceptance of patent applications
After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions.
3. Pay the application fee
Those who submit the patent application documents in person may pay the application fee after obtaining the notification of acceptance and the notification of payment of the application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
4. Patent approval procedures
According to the 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. When examining and approving an application for a patent for utility model or design, there are only three stages: acceptance, preliminary examination and authorization.
5. Actively modify and correct the patent application documents.
The active revision and correction of patent application documents is also a procedure that applicants can choose according to their needs. Applications for patents for utility models and designs are only allowed to be modified voluntarily within two months from the date of application; An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving a notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.
6. The application was rejected
If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. The reexamination procedure is an error correction procedure, which prevents the patent application that should be approved separately from being approved due to the examiner's level, experience and misunderstanding of the law, and provides a legal remedy for the patent applicant. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
7. Patent reexamination procedures:
(1) China National Intellectual Property Administration's decision to reject the patent application includes two situations: one is that China National Intellectual Property Administration rejects the patent application for invention, utility model or design after preliminary examination; The other is that China National Intellectual Property Administration rejected the application for a patent for invention after substantive examination because it did not conform to the provisions of the patent law;
(2) Where a request for reexamination is filed with the Patent Reexamination Board, a request for reexamination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached when necessary. If the written request for reexamination does not conform to the prescribed format, the person requesting reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made. The claimant may modify the patent application documents when making a request for reexamination or replying to the notice of reexamination of the Patent Reexamination Board;
(3) The Patent Reexamination Board shall forward the accepted reexamination request to the original examination department of the patent administration department of the State Council for examination. If the original examination department agrees to cancel the original decision at the request of the reexamination claimant, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination claimant.
(4) After reexamination, the Patent Reexamination Board considers that the reexamination request does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, and shall notify the petitioner to state his opinions within a specified time limit. If no reply is made at the expiration of the time limit, the request for reexamination shall be deemed to have been withdrawn; If the Patent Reexamination Board, after stating its opinions or making amendments, considers that it still does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, it shall make a reexamination decision and maintain the original rejection decision; If, after reexamination, the Patent Reexamination Board considers that the original rejection decision does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, or the revised patent application document eliminates the defects pointed out in the original rejection decision, it shall revoke the original rejection decision and the original examination department shall continue the examination procedure.
(5) Before the Patent Reexamination Board makes a decision, the applicant for reexamination may withdraw his request for reexamination. If the reexamination claimant withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC).
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.