2. Understand the existing level in this technical field, conduct patent search at home and abroad, and analyze the feasibility of your own invention and creation.
3, do a good job of confidentiality.
4. Prepare the application documents and submit them to the application step.
5. get the admission notice. ?
6. Preliminary review.
7. Publishing stage (especially invention patent application). The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date.
If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published. After the application is published, the applicant has the right to temporary protection. Obtain patent authorization. ?
8, substantive examination (especially invention patents). To conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected.
The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application. If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required.
9. Authorization stage. After the utility model and design pass the fifth step of examination, they can directly enter the authorization stage.
To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (if the specification has drawings, the drawings of the specification shall be submitted), the patent claim, the abstract (if necessary, the drawings of the abstract shall be attached) and other documents.
For an application for a patent for invention involving amino acids or nucleotide sequences, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and a computer-readable copy of the sequence list meeting the requirements of China National Intellectual Property Administration shall be submitted at the same time.
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.
To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs, a brief description of the design and other documents. Where color protection is needed, color pictures or photographs shall also be submitted. Orthographic views of the same product with the same design should adopt the same expression, that is, all views should be drawn, all views should be rendered or all views should be photos, and different expressions are not allowed to be mixed.
After the patent application for extended data is granted, the patentee shall pay the annual fee for the next year one month before the expiration of each year. If the annual fee is not paid or not paid in full, the Patent Office will issue a notice of payment, informing the patentee to pay it within six months from the date when the annual fee should be paid, and at the same time pay the late fee.
The amount of overdue fine is calculated by adding 5% of the full annual fee of the current year for each month that exceeds the prescribed payment time; If the amount paid is not paid or insufficient, the patent right shall be terminated from the date when the annual fee payable expires.
Ordinary individuals who apply for a patent in China can apply for it themselves or entrust a patent agency to handle it. If it is a special individual, a patent agency must be entrusted. Special individuals include:
1, a foreigner who has no habitual residence or business office in China;
2. China people who have lived or worked abroad for a long time;
3. Hong Kong, Macao and Taiwan compatriots. Chinese individuals who apply to foreign countries for patents for inventions and creations completed in China shall first apply to the patent administration department of the State Council, or they may entrust a patent agency to handle them, but they cannot apply by themselves.
References:
Baidu Encyclopedia-Patent Application