Method of patent application: 1. The parties concerned submit patent application documents to the patent administration department of the State Council; 2, the patent administration department within eighteen months after receiving the application for a patent for invention, preliminary examination, meet the requirements, to be published; 3. Within three years from the date of filing, an application for a patent for invention will be issued with a patent certificate for invention if it passes the substantive examination.
Legal objectivity:
1 20265438 Article 26 of the Patent Law, which came into effect in June, 2002, where an applicant applies for a patent for invention or utility model, he shall submit the request, specification, abstract, patent right and other documents. Article 34 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 after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a 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.
How to apply for a design patent: First, prepare the application materials. Secondly, an application for a patent for design filed with the Patent Office can be filed by the Patent Office itself or by an intellectual property agency. Then there is the audit. According to the Patent Law and the detailed rules for the implementation of the Patent Law, the Patent Office will examine the application documents for design patents. Finally, authorization, mainly to pay the patent registration fee, stamp duty and the annual fee for the year of authorization.
How to apply for a patent for design can be roughly divided into four steps: the first step is to prepare the application materials, and the applicant needs to draw or take photos of the products applying for design to generate a clear front six-sided view, which can be modified by photoshop or other software; At the same time, according to the provisions of the Patent Law and the detailed rules for the implementation of the Patent Law, application documents such as a design request and a brief description of the design shall be written; The second step is to submit an application for a patent for design to the Patent Office. You can submit it yourself or entrust an intellectual property agency to submit it. The third step is the exam. The Patent Office shall, in accordance with the provisions of the Patent Law and the detailed rules for the implementation of the Patent Law, examine the application documents for the design patent. If there is no inconsistency with the grant of patent right, the applicant will be notified to grant authorization. If the examiner thinks it is necessary for the applicant to make amendments or state opinions, there will be a correction process. The review at this stage is a preliminary review, not a substantive review. The fourth step is authorization, mainly to pay the patent registration fee, stamp duty and the annual fee for the year of authorization. After that, the patent office will issue a patent certificate.