1. Apply: prepare some application documents such as request, specification, claim, abstract and attached drawings according to your own situation, and apply to China National Intellectual Property Administration Patent Office or local acceptance window through the network, window or mail, and pay the fee within a certain period of time.
2. Notice of acceptance: the State Council Patent Administration Department will confirm the application number and date after receiving the application for invention patent. For applications that meet the requirements, it will issue an application acceptance notice in about two weeks; For those who do not meet the acceptance conditions, a document rejection notice will be issued.
3. Preliminary examination and publicity: After the preliminary examination is passed, a notice of qualified preliminary examination will be issued about 1 month, and then it will be publicized after 18 months from the date of application.
4. Application for substantive examination: Within three years from the date of application, the patent administrative department of the State Council may conduct substantive examination of the application at any time.
5. Enter the substantive examination.
Generally speaking, the examination and approval process of invention patents includes submitting relevant certificates and materials to relevant departments and applying. Then, when the relevant departments find that the invention patent meets the requirements after examination, they will issue a notice of acceptance, conduct a preliminary examination of the invention patent, and make an announcement after passing the examination. Then the applicant for the invention patent will apply for substantive examination, and finally, if it meets the requirements, it can enter the substantive examination. After passing the examination, they will issue patent certificates.
Legal basis:
Article 36 of the patent law
When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date.
Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 37
After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.