The examination process of invention patents:
First, submit the corresponding examination materials to the Patent Office.
1. Description, claims and abstract of the patented product. Patent drawings, if any, shall be submitted together. All application documents must be written in Chinese, otherwise they will not be reviewed.
2. Contact information, which must include the following information: the names and addresses of the inventor and the applicant; Where priority is required, the country, date and number of the earlier application shall be provided.
3. Power of attorney signed by the applicant. If it's too late, you can apply for it later.
4. Proof of priority. Where the right of priority is claimed, the relevant documents of priority shall be submitted within 3 months from the date of application.
5. Proof of priority transfer. Where the applicant for the earlier application is inconsistent with the applicant for the later application, the original or notarized copy of the certificate of priority transfer shall be provided. Certificate of priority transfer can be submitted within 3 months from the date of application.
6. The preservation and survival certificate of microorganisms is applicable to the new microorganisms involved in the application, microbial processing technology or microbial products obtained by the technology, and the microorganisms cannot be obtained by the public before the application date. Preservation of the survival certificate can be submitted within 4 months from the date of application.
After receiving the patent application, the Patent Office will examine it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant.
The application documents are not printed, printed, illegible or altered; Or drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the name or address of the applicant is not known in the request; Or the category of patent application is unclear or uncertain, and the patent application directly sent by foreign units and individuals without the patent agency will not be accepted.
Second, the first trial.
If the accepted patent application pays the application fee in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.
In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant the patent right, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements.
If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. If the defect has not been eliminated after the reply, it shall be rejected.
Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination. Will directly enter the authorization instruction.
Third, announce.
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 18 months after the application date.
After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published. After the application is published, the applicant has the right to temporary protection.
Where an applicant for a patent for invention requests to publish his patent application in advance, he shall make good preparations for publication from the date of passing the preliminary examination and publish it at the expiration of three months.
Fourth, substantive review.
After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure. If the applicant fails to make a request for real trial within three years from the date of application, or the request for real trial does not take effect, the application shall be deemed to have been withdrawn.
In the actual trial process, whether the patent application is novel, creative and practical will be comprehensively examined. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected.
If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required.
Verb (short for verb)? Authorization.
If no reason for rejection is found after substantive examination, the examiner shall make a notice of authorization and apply for authorization for registration preparation. After examining the legal effect and completeness of the authorized text and proofreading and modifying the description items of the patent application, the Patent Office shall issue a notice of authorization and a notice of registration.
After receiving the notice, the applicant shall go through the registration formalities in accordance with the requirements of the notice and pay the prescribed fees within 2 months. If the registration formalities are completed on schedule, the Patent Office will grant a patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin two months later. Failure to go through the registration formalities in accordance with the provisions shall be regarded as giving up the right to obtain the patent right.
Seven, the issuance of patent certificates, patent registration, patent announcement in the announcement.
If the applicant goes through the registration formalities within the prescribed time limit, the Patent Office will issue a certificate of invention patent, register and announce it at the same time, and the patent right will take effect from the date of announcement.
Eight, pay the annual fee on time.
After authorization, the patentee shall pay the annual fee in accordance with the regulations before the expiration of the patent term to maintain the validity of the patent.