Find a professional patent agent who will give you some effective advice on generalist patent applications.
Apply to the State Intellectual Property Office.
Of course it is possible to apply independently
It is still recommended to entrust an agent to apply. Patent application is quite professional, and laymen have to take many detours when applying. In fact, agency fees are now transparent.
Instructions on the three types of patents
Invention patent application
Invention patent application process
Application document preparation→Application steps→Approval process →Application agency→Processing time limit→Payment of fees
1. Application stage
The application documents for an invention patent should include: invention patent request, description (if the description has drawings, it should be submitted Description (with drawings), claims, and abstract (abstract and drawings should be included when necessary).
If a patent agency is entrusted, a power of attorney should be submitted.
To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
2． Examination stage
(1) Preliminary examination:
After the patent office receives the invention patent application, it must undergo preliminary examination. After passing the preliminary review, it will be announced 18 months from the date of application. The Patent Office may also publish an application early upon the applicant's request.
The preliminary review mainly checks whether ① the application documents are complete; ② whether the form meets the standards; ③ whether the fees are paid. During the preliminary examination, the Patent Office will issue a notice of correction for the above matters, and the applicant will make corrections.
(2) Substantive examination
After the invention application is published, the Patent Office will initiate a substantive examination upon receiving the applicant’s request for substantive examination. The examiner issues a notice of examination opinion, in which he evaluates the novelty, creativity, practicability, etc. of the invention application, and points out the substantive defects in the application documents. The applicant responds to the review comments and modifies the application documents if necessary.
If the applicant’s reply overcomes the examination opinion, the examiner will issue a notice of grant of patent rights.
If the applicant’s reply does not overcome the examination opinion, the examiner will issue another examination opinion notice or a rejection notice.
(3) Authorization
After receiving the notice of grant of patent right, the applicant needs to go through the registration procedures. The applicant shall pay the patent registration fee, the annual fee for the year of authorization, the announcement printing fee within the prescribed period, and shall also pay the patent certificate stamp tax. The applicant can obtain the patent certificate after completing the registration procedures.
Utility model patent application
Application document preparation → Application steps → Approval process → Handling agency → Processing time limit → Payment of fees
Utility model application documents should include : Utility model patent application, description, description drawings, claims, abstract and summary drawings.
If a patent agency is entrusted, a power of attorney should be submitted.
To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
The design application documents should include: design patent request letter, pictures or photos. If color protection is required, color pictures or photos should also be submitted.
my country implements a preliminary examination system for utility model and design patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice.
After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period. The applicant can obtain the patent certificate after completing the registration procedures.
Design patent application
Application document preparation → Application steps → Approval process → Handling agency → Processing time limit → Payment of fees
Utility model application documents should include : Utility model patent application, description, description drawings, claims, abstract and summary drawings.
If a patent agency is entrusted, a power of attorney should be submitted.
To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
The design application documents should include: design patent request letter, pictures or photos. If color protection is required, color pictures or photos should also be submitted.
my country implements a preliminary examination system for utility model and design patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice.
After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period. The applicant can obtain the patent certificate after completing the registration procedures.