Application process:
1, application stage
The application documents for utility model shall include: the request for the patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings of the abstract. An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted.
2. Review stage
China implements a preliminary examination system for utility model patent applications. In the process of preliminary examination, the examiner will issue a notice of correction for formal problems in the application documents and a notice of examination opinions for obvious substantive problems, and the applicant will reply to the notice.
The utility model patent is only a preliminary examination, and there is no substantive examination like the invention patent application. It mainly examines whether the application for a patent for utility model has the documents and other necessary documents stipulated in Article 26 of the Patent Law, and whether these documents conform to the prescribed format, including the following matters:
Whether the application for a patent for utility model obviously belongs to the provisions of Articles 5 and 25 of the Patent Law, or obviously does not conform to the provisions of Articles 18 and 19, paragraph 1, or obviously does not conform to the provisions of Articles 31, paragraph 1, 33, paragraph 3 of Article 2, paragraph 2 or paragraph 4 of the Patent Law on novelty and practicality;
Whether it obviously does not conform to the provisions of Article 26, Paragraph 3 or Paragraph 4, Article 31, Paragraph 1 and Article 33 of the Patent Law, or whether the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law;
The Patent Office will notify the applicant of the examination opinions and ask him to state his opinions or make corrections within a specified time limit; If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. If, after the applicant has stated his opinions or made corrections, the Patent Office still considers that it does not meet the requirements listed in the preceding paragraph, it shall reject it.
3. Authorization stage
(1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
Extended data
Legal basis:
Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. 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. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field;
Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Baidu encyclopedia-utility model patent application