Patent application process:
1. Filling in and writing patent application documents
There are specific requirements for filling in and writing patent application documents. Applicants can do it by themselves. To fill in or write, you can also entrust a patent agency to handle it on your behalf. Although it is not compulsory to appoint a patent agent, considering the importance of carefully drafting patent application documents and the legal rigor of the approval process, it is worth promoting for inexperienced applicants.
2. Acceptance of patent applications
After the Patent Office Acceptance Office or each patent office agency receives a patent application, for applications that meet the acceptance conditions, the application date will be determined and the application will be processed. No., a notice of acceptance is issued.
3. How to pay the application fee
The application fee and other fees can be paid directly to the Patent Office Charge Office or the Patent Office Agency, or remitted through a bank or post office. Currently, banks use electronic transfers and post offices use electronic remittance. When the payer pays the patent fee through the post office or bank, the correct application number or patent number should be written on the money order, and the abbreviation of the name for which the fee is paid should be used. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript. If the remittance is made through the post office, the remitter should also ask the post office staff to enter the complete mailing address, including postal code. This information will be important in subsequent procedures. Functional. Fees may not be sent to the Patent Office Reception Office.
4. Time for payment of application fee
If the patent application documents are submitted in person, the application fee can be paid after receiving the acceptance notice and the application fee payment notice. If the application is submitted by mail, the application fee should be paid after receiving the acceptance notice and the application fee payment notice, because the corresponding application number needs to be stated when paying the application fee, but the date for payment of the application fee must not be later than the date of the application. Two months from date.
5. Patent approval process
According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model or design patent applications are not subject to publication and substantive examination during approval, but only three stages: acceptance, preliminary examination and authorization.
6. Active modification and correction of patent application documents
Active modification and correction of patent application documents is also a procedure that applicants can choose as needed. Applications for utility model and design patents are only allowed to submit active amendments within two months from the filing date; applications for invention patents are only allowed when a request for substantive examination is made and after receiving a notice from the Patent Office that the invention patent application has entered the substantive examination stage. Actively modify the patent application documents within three months from the date of application.
7. Reply to various notices from the Patent Office
(1) Comply with the response deadline. The consequences of late response and non-response are the same.
Reply to the issues pointed out in the examination opinion notice one by one. The reply can express agreement with the examiner's opinion, and the applicant can make corrections or modify the application in accordance with the examination opinion; if it disagrees with the examiner's opinion, the opinion and reasons should be stated.
(2) Defects in format or procedures can generally be eliminated through corrections; obvious substantive defects are generally difficult to eliminate through corrections or modifications. In most cases, only whether they exist or are obviously substantive defects can be eliminated. Defend and state opinions regarding deficiencies.
(3) Corrections or modifications to an invention or utility model patent application shall not exceed the scope recorded in the original description and claims, and modifications to a design patent application shall not exceed the scope represented by the original pictures or photos. . Modified documents should submit replacement pages in the prescribed format.
(4) The reply should submit documents in the prescribed format. Such as submitting an amendment or statement of opinion. Generally, a correction letter is used to correct formal issues or procedural issues, and a statement of opinion is used to amend the substantive content of the application. If the applicant disagrees with the examiner's opinion, a statement of opinion is used when making a defense.
8. Patent application deemed withdrawn and its restoration
If the required procedures are not completed within the time limit, the application will be deemed withdrawn, and the Patent Office will issue a deemed withdrawal notice. If the applicant has legitimate reasons, he may request the Patent Office to restore his rights within two months from the date of receipt of the deemed withdrawal notice and explain the reasons.
To request the restoration of rights, a "Request for Restoration of Rights" should be submitted, explaining the legitimate reasons for delaying the time limit, paying the restoration fee, and completing various uncompleted procedures that should be completed. The re-application procedures and repayment of fees should generally be completed within the above two months.
9. Go through the patent registration procedures
After preliminary examination of utility model and design patent applications, and substantive examination of invention patent applications, if no reason for rejection is found, the Patent Office will issue an authorization Notice and registration formalities notice. After receiving the authorization notice and registration formalities notice, the applicant shall complete the registration formalities and pay the prescribed fees within two months in accordance with the requirements of the notice. If the registration procedures are completed and the prescribed fees are paid within the time limit, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the Patent Gazette. The patent right will take effect from the date of announcement. Failure to complete registration procedures within the prescribed time limit shall be deemed to have given up the right to obtain patent rights.
10. Fees payable for registration procedures
When going through registration procedures, there is no need to submit any documents. The applicant only needs to pay the patent registration fee (including announcement printing fees) in accordance with regulations. When applying for authorization of an invention patent, if it is more than two years from the application date, an application maintenance fee must also be paid. The corresponding fees shall be paid in the year specified in the registration notice in the year of authorization.
11. Maintenance of patent rights
After a patent application is granted a patent right, the patentee shall prepay the annual fee for the next year one month before the expiration of each year. If the annual fee is not paid or is not fully paid at the end of the period, the Patent Office will issue a payment notice and notify the patentee to pay the annual fee within six months from the expiration date and pay a late payment fee at the same time. The amount of the late payment fee is calculated as an additional 5% of the full annual fee for that year for each month beyond the prescribed payment time; if the payment is not made at the end of the period or the amount paid is insufficient, the patent right shall be terminated from the date of expiration of the annual fee payable.
12. Termination of patent rights
The termination of patent rights can be divided into:
(1) Termination upon expiration of term: invention patent rights The patent right shall be maintained for 20 years from the date of application. The patent right for utility model or design shall be maintained for 10 years from the date of application and shall be terminated in accordance with the law;
(2) Termination for non-payment of fees: The Patent Office issues a payment notice to notify the application After the applicant has paid the annual fee and late fee, if the applicant still fails to pay or fully pays the annual fee and late fee, the patent right shall be terminated from the expiration date of the previous year.
13. Invalidity of patent rights
From the date of authorization of a patent application, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law, it may request a declaration that the patent right shall be granted. The patent is invalid. If you request to declare a patent right invalid or partially invalid, you must pay the fee in accordance with the regulations, submit a request for invalidation in duplicate, indicate the name and patent number of the patent requested to be invalidated, indicate the facts and reasons based on it, and attach the necessary evidence. . If any party is dissatisfied with the decision on a patent invalidation request, it may file a lawsuit with the People's Court within three months from the date of receipt of the notice. The Patent Office will register and announce the decision after it becomes legally effective. A patent right declared invalid is deemed to have ceased to exist from the beginning.