1. According to the Patent 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. The application for a patent for utility model or design does not carry out early publication and substantive examination in the examination and approval, but only has three stages: acceptance, preliminary examination and authorization.
2. The procedures for applying for a patent are as follows: (1) Preliminary examination and announcement: After receiving the application for a patent for invention, the patent administration department of the State Council (China National Intellectual Property Administration and its subordinate departments and local institutions) will publish it after 18 months from the date of application, if it meets the requirements of this Law after preliminary examination. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. (2) Material inspection: 1. Within three years from the date of filing, the administrative department for patent in the State Council may, at any time, conduct substantive examination of the application upon the request of the applicant. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. 2. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own. 3, utility model and design patent applications can be authorized without substantive examination. 4. After substantive examination of the application for a patent for invention, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Three. Detailed steps and precautions:
(1) To apply for a patent, you can go to the patent agency in Beijing or set up a patent agency in the provincial capital city.
Requirements for patent application: 1. The application documents shall be complete: request, specification, claim, abstract, picture or photograph; 2. Inventions (achievements) should have "three characteristics" (novelty, creativity and practicality). The specific requirements are mainly that others have not applied and the achievements have not been made public (disclosed at international exhibitions, academic conferences and technical conferences, except for disclosure without the consent of the inventors); 3. China's patent examination system is: early disclosure and request examination system (substantive examination) are adopted for invention patent applications; Formal examination of utility model patents and design patents. (The so-called formal review is also called registration system or non-review system. The main contents of the review are whether the application documents meet the requirements and whether the invention is repeated. After publication in the Gazette, if there is no objection within the time limit, it will be authorized. After everything is ready, it can be accepted on the same day and protected by law on the same day.
(2) Fees: the application fee and examination fee for the invention application, the amount (RMB) is: the application fee for the invention patent in 950 yuan (including the printing fee in 50 yuan); Application fee for utility model patent 500 yuan; 500 yuan, design patent application fee; The examination fee for invention application is 2500 yuan.