can apply for an invention patent by itself or by entrusting an agency. The general application process is as follows:
According to the Patent Law, the examination and approval procedures for an application for an invention patent include five stages: acceptance, preliminary examination, publication, actual examination and authorization.
1. Acceptance stage:
If the conditions for acceptance are met, the Patent Office will determine the application date, give the application number and verify it. Notify the applicant.
If the application is submitted electronically, the electronic version of the acceptance notice and the notice of payment of the application fee/fee reduction approval notice will be received within 2-3 working days.
2. Preliminary examination stage: Article 44 of the Detailed Rules for the Implementation of the Patent Law (basis for examination)
In actual operation, I personally think that the examiner will examine the following contents, and welcome to add:
(1) The name of the invention shall not exceed. Inventions in the field of chemistry can be allowed up to 4 words.
(2) Whether the invention names of the request, the specification, the request for confidentiality review (if any), the request for substantive review (if any) and the power of attorney for patent (if any) are consistent.
(3) The abstract of the specification shall not exceed 3 words, and the chemical formula of the invention may be included.
(4)
stage of publication Article 34 of the Patent Law If the administrative department for patent in the State Council, after preliminary examination, finds that an application for a patent for invention meets the requirements of this Law, it will be published within 18 months from the date of filing. The administrative department for patent in the State Council may publish its application as soon as possible at the request of the applicant.
4. Stage of substantive examination
Article 35 of the Patent Law Within three years from the date of filing, the administrative department for patent in the State Council may apply for a patent for invention at any time. If the applicant fails to request the substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. Of course, don't forget to pay the substantive examination fee when making the substantive examination request!
5. The authorization stage
lasted so long, and finally it was authorized! Pay the authorization registration fee, annual fee and stamp duty within the time limit stipulated in the Notice of Handling Registration Procedures!
6. Payment of annual fee
The annual fee after the year when the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department of the State Council shall notify the patentee to pay it back within 6 months from the date when the annual fee should be paid, and at the same time pay a late fee; The amount of the late payment fee shall be calculated by adding 5% of the full annual fee of the current year for each time exceeding the prescribed payment time of 1 month; If the annual fee is not paid at the expiration date, the patent right will be terminated. How to avoid the product design patent Zhihu
design patent? If you use it directly (using its function) instead of its appearance, it will not infringe its patent right. Can one patent write two papers, Zhihu?
Yes, the patent application is given priority, and the paper is in the back; On the other hand, if the patent cannot be authorized, it will form a conflicting application.