What is the application process of national invention patent? What qualifications do I need to apply for?
After owning an invention, we need to start to consider applying for a national invention patent for our invention. What is our international invention patent application process? Is it easy for ordinary people to apply? What qualifications do you need? Let us answer for you. National Application Process for Invention Patents Qualification for International Invention Patents: An invention-creation must be applied by the applicant to the government departments (in China, currently People's Republic of China (PRC) and China National Intellectual Property Administration), and the patent right can only be obtained after being examined and approved by People's Republic of China (PRC) and China National Intellectual Property Administration according to legal procedures. In China, there are currently three types of inventions, namely, inventions, utility models and designs. In the application stage, they are called application for invention patent, application for utility model patent and application for design patent respectively. After being authorized, they are called invention patent, utility model patent and design patent respectively. At this point, the applicant is the patentee of the corresponding patent. The national application process of invention patent is based on the patent law, and the examination and approval procedure of invention patent application includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model or design, there are only three stages: acceptance, preliminary examination and authorization. Active revision and correction of patent application documents is also a procedure that applicants can choose according to their needs. Applications for patents for utility models and designs are only allowed to be modified voluntarily within two months from the date of application; An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving a notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage. Reply to various notices from the Patent Office (1). Observe the time limit for reply, and the consequences of late reply are the same as those of no reply. Answer the questions pointed out in the Notice of Review Opinions one by one. The reply can agree with the examiner's opinion, and make corrections or amendments to the application according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons. (2) Defects in format or procedure can generally be eliminated by correction; Obvious substantive defects are generally difficult to eliminate through revision or modification. In most cases, we can only defend and state our opinions on whether there are or are obvious substantive defects. (3) The modification of an application for a patent for invention or utility model shall not exceed the scope recorded in the original specification and claims, and the modification of an application for a patent for design shall not exceed the scope shown in the original picture or photograph. When submitting the revised document, a replacement page shall be attached in the prescribed format. (4) The defence shall be filed in the prescribed form. Such as submitting corrections or comments. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying.