1. Ordinary individuals can apply for patents in China by themselves or entrust a patent agency to handle them. If it is a special individual, it must entrust a patent agency;
2. The invention patent is subject to preliminary examination and substantive examination, and the utility model and design are authorized to be announced after preliminary examination, as follows:
(1) A patent for invention shall submit a request, specification, abstract of specification and claims, and if necessary, the appended drawings of the specification shall be attached;
(2) The patent for utility model shall submit the request, the patent claim, the specification, the appended drawings of the specification, the abstract of the specification and the appended drawings of the abstract;
(3) A patent for design shall submit a request, a picture or photograph of the design. The patent for utility model and design takes about 8- 12 months. After the formal examination and approval, the authorization notice will be issued and the license will be obtained. After paying the license fee, you can get the patent certificate in about 2-3 months. The specific time depends on the speed of the examiner's examination, the degree of detail of the applicant's public information and the provision of drawings.
Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC).
An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.