Description of the whole process of patent application
I. Pre-application enquiry
Online Patent Search of the United States Patent and Trademark Office | Online Patent Search of Japan Patent Office (English version)
Online Patent Retrieval of European Patent Office | Online Patent Retrieval of World Intellectual Property Organization | Patent Agency Query
Second, the preparation of application documents
To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (if there are drawings in the specification, the drawings in the specification shall be submitted), the patent claim and the abstract (if necessary, the drawings shall be included in the abstract) in duplicate.
For an application for a patent for invention involving amino acid or nucleotide sequence, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and the page number shall be written continuously with the specification. At the same time, a CD or floppy disk with an ordered list that meets the requirements of China National Intellectual Property Administration shall be submitted.
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings of the abstract 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. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
Click to enter: download the patent form.
Example of writing application (specification) for utility model
Design application writing example (drawing view)
Design application writing example (photo view)
Third, the department that accepts patent applications.
When applying for a patent, the applicant shall directly submit or mail the application documents to the "China National Intellectual Property Administration Patent Office Reception Office" (hereinafter referred to as the Patent Office Reception Office), or submit or mail them to the local China National Intellectual Property Administration Patent Office agency; The national defense patent branch specializes in accepting national defense patent applications.
Click to enter: patent agency.
Fourth, how to apply for a patent?
1, how to apply for a patent
To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in written form or electronic application form. Written application documents cannot be replaced by oral explanations or samples or models. In the patent examination and approval procedure, only written documents have legal effect.
All formalities should be signed according to the regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency.
If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
2. When submitting an application, how are the application documents arranged?
The application documents for a patent for invention or utility model shall be arranged in the following order: request, abstract of specification, appended drawings of abstract, patent claim, specification, appended drawings of specification and other documents. The application documents for a patent for design shall be arranged in the order of the request, the picture or photograph and a brief explanation. All parts of the application documents shall be numbered with Arabic numerals respectively.
3. Paper requirements for application documents
The paper quality of application documents should be equivalent to that of copy paper. No useless words, marks, boxes, lines, etc. On the paper. All documents shall be A4 size (2 10/0mm× 297mm) paper.
The paper of application documents should be used vertically, with only one side. The text is arranged from left to right, with 25 mm blank in the upper left and 15 mm blank in the lower right, which is convenient for publication and review. The front pages of all parts of the application documents must use the format uniformly formulated by China National Intellectual Property Administration. These forms can be obtained from the consulting office in the reception hall of the Patent Office, from patent offices around the country, or directly downloaded from the website of China National Intellectual Property Administration.
4. What are the writing methods and writing requirements of the application documents?
All parts of the application documents shall be in Chinese. If there is no uniform Chinese translation of foreigners' names, place names and technical terms, English or the original text shall be indicated in brackets after Chinese. If the attachments or supporting documents provided by the applicant are in a foreign language, they shall be accompanied by a Chinese translation. The application documents, including the request, should be typed or printed in Song Dynasty, imitation Song Dynasty or regular script, and the handwriting should be black, with the word height between 3.5 and 4.5 mm and the line spacing between 2.5 and 3.5 mm. If two documents need to be submitted, one is the original and the other is the copy, and the contents of the two documents should be consistent. If there are drawings in the application documents, they shall be drawn with ink and drawing tools, or with drawing software, and the lines shall be uniform and clear, and shall not be altered. Engineering blueprints shall not be used.
5. Uniqueness requirements of patent application content
An application for a new patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application.
6. Filling and writing of application documents
There are specific requirements for the filling and writing of the application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing the application documents and the legal rigor of the examination and approval procedures, it is worth promoting for applicants with little experience. ?
7. Acceptance of patent applications
After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions. The application documents submitted by the applicant to the acceptance office of the patent office or the agency of each patent office shall be examined at that time to see if the application meets the acceptance conditions. If it meets the acceptance conditions, the acceptance procedures shall be handled on the spot.
8. Accept notification
If you send the application documents to the Patent Office, you can generally receive the acceptance notice from the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office) within one month. Those who do not meet the acceptance conditions will receive a notice of rejection and a copy of the returned application documents. If the notice from the Patent Office has not been received for more than one month, the applicant shall promptly check with the reception desk of the Patent Office to find out the possible loss of the application documents or notices in the mail.
9. Matters needing attention in submitting application documents
To apply for a patent or go through other formalities in the Patent Office, you can submit or send the application documents or other documents directly to the Patent Office's acceptance office or any of the above-mentioned patent offices. When submitting documents, you should pay attention to the following items:
(1) To submit application documents or documents for handling various formalities to the Patent Office, the format uniformly formulated by China National Intellectual Property Administration shall be used, the application documents shall be in duplicate, and the procedure documents may be in duplicate; This form can be downloaded from the Internet in www.sipo.gov.cn, or obtained in the reception hall in China National Intellectual Property Administration or by letter (sent to the issuing room of the preliminary examination and process management department of China National Intellectual Property Administration Patent Office).
(2) A form can only be used for one patent application.
(3) All documents submitted to the Patent Office shall be kept by the applicant, so as to ensure the consistency of document filling in the process of application examination and approval, and can be used as a reference when replying to the examination opinions.
(4) If the application documents are sent by post, a registered letter shall be used. If it cannot be sent by registered mail, it can be sent by express mail, and the application documents cannot be sent by parcel. In addition to indicating the detailed address of the Patent Office or its agency (including postal code), the registered letter should also indicate the words "application documents", "China National Intellectual Property Administration Patent Office accepted" or "China National Intellectual Property Administration Patent Office accepted". It is best not to submit the application documents through the courier company, but through the courier company, with the actual date of receipt of the application documents by the patent office and its agents as the application date. Registered letters should only contain the same application documents. After mailing, the applicant shall properly keep the registered receipt stub.
(5) The Patent Office does not accept samples, samples or models when accepting patent applications. In the process of examination, when the applicant submits a sample or model at the request of the examiner and submits it in person at the acceptance window of the Patent Office, it shall present a notice of examination opinions; If it is mailed, the words "submit the model at the request of the examiner (name)" shall be written on the mail.
(6) Where the address of the applicant or the patentee changes, it shall submit a description of the change to the Patent Office in time; When the applicant terminates the agency relationship with the Patent Office, he shall go through the formalities of change at the Patent Office.
Click "Enter" to process copies of various documents and vouchers.
Verb (abbreviation of verb) patent application fee
1. Payment method of application fee
The application fee and other fees can be paid directly to the toll office or agency of the Patent Office, or remitted through the bank or post office. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the money order, and shall abbreviate the name of the payer. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript column. If you remit money through the post office, you should also ask the post office staff to enter the complete mailing address, including the postal code, which will play an important role in future procedures. Fees shall not be sent to the Patent Office.
2. When will the application fee be paid?
If the application documents are submitted in person, you can pay the application fee at that time after obtaining the acceptance notice and the application fee payment notice. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
3. How to determine the payment date?
If the application fee or other fees are paid in person to the toll office of the Patent Office, the payment date shall be the payment date. Remittance to the toll office of the Patent Office shall be based on the actual remittance date of the bank or post office if the remittance method complies with relevant regulations. However, if it is more than 15 days from the date of remittance to the date of receipt by the Patent Office, except for the certificate provided by the post office or bank, the date of receipt by the Patent Office shall be the payment date.
4. Matters needing attention in payment
(1) If remittance is made by post office or bank, the correct application number or patent number and fee name shall be written in the postscript column or the cause column of the remittance slip.
(2) For remittance by bank, if it is necessary to send a fax, a copy of the remittance slip, application number or patent number, fee name, postal code, address and payee information should be sent to the toll collection office on the remittance day. (Fax: 0 10-620843 12). This method is a remedy for not indicating the above necessary information when remittance, and it has no legal effect.