After the invention application is made public, the Patent Office will start the substantive examination after receiving the applicant's request for substantive examination. The examiner issues a notice of examination opinions, evaluates the novelty, creativity and practicability of the invention application, and points out the substantive defects in the application documents. The applicant shall reply to the examination opinions and modify the application documents when necessary.
Where an application for a patent for invention is filed, the application documents shall include an explanation of the request for a patent for invention, and if necessary, the appended drawings, the abstract of the claim and the appended drawings shall be made in duplicate. The instruction manual shall include a sequence list, which shall be submitted as a separate part of the instruction manual. At the same time, submit the CD or floppy disk that recorded the sequence table according to the regulations of China National Intellectual Property Administration. To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings in duplicate. To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. All views for submitting pictures should be pictures, and all views for submitting photos should be photos. Pictures or photographs cannot be mixed together.
legal ground
patent law of the people's republic of china
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.