The overall process of applying for an invention patent is as follows:
1. application: the applicant submits the application materials according to the regulations;
2. Acceptance and payment: China National Intellectual Property Administration accepts the application and the parties pay the patent application fee;
3. First trial: China National Intellectual Property Administration will conduct the first trial after accepting it;
4. Announce in advance: announce immediately after the first trial is passed;
5. Substantive examination: China National Intellectual Property Administration conducts substantive examination according to the requirements of the applicant;
6. Authorized registration: after examination and approval, the invention patent certificate is authorized to be issued, and registration and announcement are made at the same time.
Applications for patents for utility models and designs do not include substantive examination and early publication.
After obtaining the patent right, the patentee should pay attention to the following matters: the patentee should pay the annual fee on time every year. Failure to pay the annual fee as required will lead to the early termination of the patent right; Where the patentee transfers the patent right, it shall conclude a written transfer contract and register it with China National Intellectual Property Administration, and the transfer of the patent right shall take effect from the date of registration; Where the patentee or other obligee licenses others to exploit his patent, he shall conclude a written license contract and file it in China National Intellectual Property Administration within 3 months from the date of entry into force;
Legal basis: Article 34 of the Patent Law: After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and immediately announces it after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.