Process and steps of applying for invention patent

Legal analysis: 1. To apply for a patent for invention or utility model, a request, specification, abstract, patent right and other documents shall be submitted. 2. To apply for a patent for invention or utility model, documents such as the request, specification, abstract and claim shall be submitted. 3. After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it 18 months after the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Legal basis: People's Republic of China (PRC) Patent Law.

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.

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.

Article 27 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 relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.

Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.

Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.