1, the way of individual invention patent application is as follows:
(1) The parties themselves or entrust others to apply to the patent administration department of the State Council;
(2) After receiving the application for a patent for invention, the administrative department for patent in the State Council conducts a preliminary examination for a period of 18 months;
(3) If an application for a patent for invention passes the substantive examination within three years from the date of application, it shall be issued with a patent certificate for invention, registered and announced at the same time.
2. Legal basis: Article 26 of People's Republic of China (PRC) Patent Law.
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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.
Second, what are the requirements for applying for a patent?
1, subject qualification. That is, the applicant is the patentee or its authorized person;
2. The materials are complete;
The time is ripe. That is, it is necessary to apply to the Patent Office for substantive examination within the prescribed time limit;
4. the object is suitable. That is, patents should be novel, creative and practical.