1, the patent right must go through the following procedures:
(1) patent application. A request for granting a patent right made by an individual or unit enjoying a patent right to the State Patent Administration Department;
(2) Examination and approval of patent right. After accepting an application for a patent for invention, the patent administration department shall examine whether the application conforms to the provisions of the patent law in form;
(3) Patent reexamination. The Patent Administration Department of the State Council has set up the Patent Reexamination Board.
2. Legal basis: Article 34 of People's Republic of China (PRC) Patent Law.
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
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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
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.
Second, what are the conditions for obtaining a patent right?
The conditions for obtaining a patent right are as follows:
1, novelty. No similar technical scheme has been seen before the application;
2. Creativity. Compared with the existing technology, it has outstanding substantive characteristics and remarkable progress;
3. practicality. Can be manufactured or used, and can produce positive effects.