Application process
1. Application stage
The application documents of utility model shall include: the patent request for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and its appended drawings. An application for a patent for utility model must have instructions and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents shall be submitted.
2. Examination stage
China implements a preliminary examination system for utility model patent applications. In the process of preliminary examination, the examiner will issue a notice of correction for the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the customers protected by utility model patents. If there are customers not protected by utility model patents, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
The utility model patent is only preliminarily examined, and there is no substantive examination like the invention patent application. It mainly examines whether the application for a patent for utility model has the documents stipulated in Article 26 of the Patent Law and other necessary documents, and whether these documents conform to the prescribed format, and includes the following items:
Whether the application for a patent for utility model obviously belongs to the provisions of Articles 5 and 25 of the Patent Law, or obviously does not conform to the provisions of Articles 18 and 19, paragraph 1, or Article 31, paragraph 1, Article 33, Article 2, paragraph 3 and Article 22 of the Patent Law. Whether it is obviously not in conformity with the provisions of Article 26, Paragraph 3 or Paragraph 4, Article 31, Paragraph 1 and Article 33 of the Patent Law, or whether the patent right cannot be obtained in accordance with Article 9 of the Patent Law; The Patent Office shall notify the applicant of the examination opinions and ask him to state his opinions or make corrections within a specified time limit; If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. If, after the applicant has stated his opinions or made corrections, the Patent Office still considers that it does not meet the requirements listed in the preceding paragraph, it shall reject it.
3. authorization stage
(1) authorization: after passing the preliminary examination, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for the year of authorization, the printing fee for the announcement and the stamp duty for the patent certificate within the prescribed time limit.
(2) issuance of certificates: the applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
application materials
the legal documents submitted when applying for a patent must be in written form and filled in according to the prescribed uniform format.
(1) the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings in duplicate.
(2) when a company applies for a patent, the application documents shall include: a copy of the business license of the enterprise as a legal person and the organization code certificate, and a copy of the inventor's ID card shall be submitted.
(3) Where an individual applies for a patent, the application documents shall include a copy of the identity cards of the applicant and the inventor, each in duplicate, and the application address, zip code, telephone number and other communication methods shall also be submitted.
reference article:/subtitle/62869/62869.htm.