First, the patent applicant personally submits the request, specification, patent claim and other documents;
Secondly, the patent administrative department of the State Council will conduct a preliminary examination (18 months), and those that meet the application conditions will be announced immediately;
Then, within three years from the date of application, patent certificates will be issued to those who have passed the substantive examination.
Write a technical disclosure. We will keep your technical disclosure strictly confidential; China patent search, pay the search fee first. Objective: To preliminarily confirm the novelty of China's patent application; Prevent infringement of others' patent rights in China. Operation: Search for China patents (i.e. patents in China and patents that foreigners apply for and publish or announce in China). Search fees and translation fees are charged respectively for searching foreign language patents. The invention patent is not guaranteed to be granted after retrieval, mainly to find the existing technical documents similar to the invention. Special agent. General agent: basic agency fee is charged. Expedited agency: 40% of the basic agency fee is charged. According to the original materials provided by the applicant, write the application documents that meet the requirements and. Acceptance: The State Patent Office will send back the Notice of Acceptance after receiving the application documents mailed or submitted. The applicant shall pay the application fee to the Chinese Patent Office upon receipt of the Notice of Acceptance or within two months from the date of application. If you apply for speed reduction, you should pay according to the speed reduction rate, and the handling fee I charged should also be paid. Failing to pay within the time limit shall be deemed to have withdrawn the patent application. Preliminary examination: The State Patent Office conducts a preliminary examination of the submitted application documents. The applicant shall pay the examination fee to the Patent Office when receiving the Notice of Qualified Preliminary Examination or within 3 years from the date of application. The examination fee is 2500 yuan. Applicants who enjoy the reduced treatment will be paid according to the reduced proportion, and the handling fee I received is 150 yuan. Paying this review fee early can enter the review process early. If the examination fee is not paid within the time limit, the patent application shall be deemed to have been withdrawn.
Related knowledge:
(1) First of all, it is necessary to make clear whether the invention it holds is a service invention or a non-service invention: a service invention refers to an invention that the inventor or designer has completed the task assigned by his own unit, or that is mainly obtained by using the material conditions of his own unit. The patent for service invention is applied by the unit, and no individual has the right to apply. Non-service invention refers to the invention and creation made by employees after completing the work assigned by their units. Non-service inventions can be patented by individuals.
(2) Requirements of application documents: To apply for a patent, a request, specification, abstract, patent claim and other documents shall be submitted. The request shall specify the name of the invention, the name of the inventor or designer, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention, and the patent claim shall specify the scope of patent protection.
(3) Principle of first application: In China, the patent right is granted on the basis of the principle of first application, that is, when two or more applicants apply for a patent for the same invention respectively, the patent right is granted to the first applicant.
(4) Examination and approval of patent application: After receiving an application for a patent for invention, the Patent Office, after preliminary examination, finds that it conforms to the provisions of the Patent Law, and shall publish it after 18 months from the date of application. After receiving the application documents sent by post or submitted, the State Patent Office will send back the Notice of Acceptance. After receiving an application for a patent for invention, the Patent Office shall publish it after 18 months from the date of application if it is found to be in conformity with the provisions of the Patent Law after preliminary examination.
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.
Article 34 of the Patent Law of People's Republic of China (PRC)
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 immediately after 18 months from 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.
Article 35 of the Patent Law of People's Republic of China (PRC)
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 39 of the Patent Law of People's Republic of China (PRC)
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.