1. Where a party applies for a patent for invention or utility model, it shall go through such procedures as application, acceptance, preliminary examination, substantive examination, issuance of patent certificate and announcement;
2. Where a party applies for a patent for design, it shall go through such procedures as application, acceptance, preliminary examination, issuance of patent certificate and announcement.
How do individuals apply for invention patents?
1, the applicant provides original technical data and personal unit information;
2. Entrust a patent agency, sign an agency agreement, and write patent application documents that meet the requirements of the Patent Law. If necessary, you can search first;
3. Submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee as required;
4. Where a patent for invention claims the priority of an earlier application, the relevant materials of the earlier application shall be provided.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC).
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
Article 34 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 after 18 months from the date of filing. 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 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application;
If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.