Preparation of application documents
To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the abstract, the appended drawings of the abstract (if applicable), the specification, the claims and the appended drawings of the specification (if applicable) in duplicate.
For an application for a patent for invention involving amino acid or nucleotide sequence, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and the page number shall be written continuously with the specification. At the same time, a CD or floppy disk with an ordered list that meets the requirements of China National Intellectual Property Administration shall be submitted.
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the abstract, the appended drawings of the abstract (if applicable), the specification, the claims and the appended drawings of the specification in duplicate.
To apply for a patent for design, the application documents shall include a request for a patent for design, pictures or photographs (color pictures or photographs shall be submitted if color protection is required) and a brief description of the design in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed.
Patent application acceptance department
When applying for a patent, the applicant may submit the application documents to the reception window of China National Intellectual Property Administration Patent Office or to the reception office of China National Intellectual Property Administration Patent Office (hereinafter referred to as the reception office of the Patent Office), or to the reception window of China National Intellectual Property Administration Patent Office (hereinafter referred to as the agency of the Patent Office) or to the agency of the Patent Office. At present, China National Intellectual Property Administration Patent Office has set up representative offices in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, Shenzhen, Fuzhou, Nanning, Urumqi, Nanchang, Yinchuan and Hefei. The national defense patent branch specializes in accepting national defense patent applications.
application for patent
First, how to apply for a patent
To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in the form of written or electronic applications. Oral instructions or samples or models can not be used instead of paper or electronic application documents.
All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency.
If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
Second, how to arrange the application documents when submitting the application?
The application documents for a patent for invention or utility model shall be arranged in the following order: the request, the abstract of the specification, the appended drawings of the abstract, the patent claim, the specification and the appended drawings of the specification. The application documents for a patent for design shall be arranged in the order of the request, the picture or photograph and a brief explanation. All parts of the application documents shall be numbered with Arabic numerals respectively.
Third, the paper requirements of the application documents
The paper quality of application documents should be equivalent to that of copy paper. No useless words, marks, boxes, lines, etc. On the paper. All documents shall be A4 size (2 10/0mm× 297mm) paper.
The paper of application documents should be used vertically. The text is arranged from left to right, with 25 mm blank in the upper left and 15 mm blank in the lower right, which is convenient for publication and review. The front pages of all parts of the application documents must use the format uniformly formulated by China National Intellectual Property Administration. These forms can be obtained from the consulting office in the reception hall of the Patent Office, from patent offices around the country, or directly downloaded from the website of China National Intellectual Property Administration.
Iv. application documents and writing requirements
All parts of the application documents shall be in Chinese. If there is no uniform Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated in brackets after the Chinese translation. If the attachments or supporting documents provided by the applicant are in a foreign language, they shall be accompanied by a Chinese translation. The application documents (including the request) shall be typed or printed in Song Dynasty, Imitation Song Dynasty or italics, and the handwriting shall be black, with a word height of 3.5-4.5 mm and a line spacing of 2.5-3.5 mm. If two documents need to be submitted, one is the original and the other is the copy, and the contents of the two documents shall be consistent. If there are drawings in the application documents, they shall be drawn with ink and drawing tools, or with drawing software, and the lines shall be uniform and clear, and shall not be altered. Engineering blueprints shall not be used.
Five, the individual requirements of the patent application content
An application for a new patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.
Filling and writing of application documents for intransitive verbs
There are specific requirements for the filling and writing of the application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf.
Seven. Acceptance of patent application
After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions. If the number of application documents submitted by the applicant to the acceptance office of the patent office or the agency of each patent office is less than 10, it will be examined whether the application meets the acceptance conditions, and if it meets the acceptance conditions, an acceptance notice will be made on the spot.
Eight. Accept notice
If you send the application documents to the Patent Office, you can generally receive the acceptance notice from the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office) within one month. Those who do not meet the acceptance conditions will receive a notice of rejection and a copy of the returned application documents. If the notice from the Patent Office has not been received for more than one month, the applicant shall promptly check with the reception desk of the Patent Office to find out the possible loss of the application documents or notices in the mail.
Nine. Matters needing attention in submitting application documents
To apply for a patent or go through other formalities with the Patent Office, the application documents or other documents may be submitted or sent to the reception office of the Patent Office, or to any agency of the Patent Office. Please note the following when submitting documents:
(1) The format uniformly formulated by China National Intellectual Property Administration shall be used for submitting application documents or documents for handling various formalities to the Patent Office. This form can be downloaded from the Internet in www.sipo.gov.cn, or obtained in the reception hall in China National Intellectual Property Administration or by letter (sent to the issuing room of the preliminary examination and process management department of China National Intellectual Property Administration Patent Office).
(2) A form can only be used for one patent application.
(3) All documents submitted to the Patent Office shall be kept by the applicant, so as to ensure the consistency of document filling in the process of application examination and approval, and can be used as a reference when replying to the examination opinions.
(4) If the application documents are sent by post, a registered letter shall be used. If it cannot be sent by registered mail, it can be sent by express mail, and the application documents cannot be sent by parcel. In addition to indicating the detailed address of the Patent Office or its agency (including postal code), the registered letter should also indicate the words "application documents", "China National Intellectual Property Administration Patent Office accepted" or "China National Intellectual Property Administration Patent Office accepted". If the application documents are submitted by the courier company, the date of actual receipt by the Patent Office and its agencies shall be the application date. Registered letters should only contain the same application documents. After mailing, the applicant shall properly keep the registered receipt stub.
(5) The Patent Office does not accept samples, samples or models when accepting patent applications. In the process of examination, when the applicant submits a sample or model at the request of the examiner and submits it in person at the acceptance window of the Patent Office, it shall present a notice of examination opinions; If it is mailed, the words "submit the model at the request of the examiner (name)" shall be written on the mail.
(6) Where the address of the applicant or the patentee changes, it shall submit a description of the change to the Patent Office in time; When the applicant terminates the agency relationship with the Patent Office, he shall go through the formalities of change at the Patent Office.
(7) Where the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, it shall be stated separately at the time of application. If there is no explanation, the provision in the first paragraph of Article 9 of the Patent Law that the same applicant applies for a utility model patent and an invention patent at the same time on the same day shall not apply, resulting in the invention patent not being granted.
(eight) any unit or individual who directly applies for a patent for an invention or utility model completed in China shall submit a request for confidentiality review to the China National Intellectual Property Administration Patent Office in advance, and explain its technical scheme in detail; If you first apply for a patent in China National Intellectual Property Administration Patent Office, but intend to apply for a patent in a foreign country or submit an international application for a patent to a relevant foreign institution, you should file a request for confidentiality review before applying for a patent in a foreign country or submitting an international application for a patent to a relevant foreign institution, or you can file a request for confidentiality review at the same time as applying for a patent in China National Intellectual Property Administration Patent Office. Where an international patent application is submitted to China National Intellectual Property Administration, it shall be deemed that a request for confidentiality review has been made at the same time.