Application procedure for invention patent: preparation of application documents → application steps → examination and approval process → handling institution → processing time limit → payment of fees.
1. Application phase
The application documents for a patent for invention shall include: the request for a patent for invention, the specification (if the specification has attached drawings, it shall be submitted), the patent claim and the abstract (if necessary, the abstract shall have attached drawings).
Where a patent agency is entrusted, a power of attorney shall be submitted.
To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage
(1) Preliminary review:
After receiving an application for a patent for invention, the Patent Office shall conduct a preliminary examination. After passing the preliminary examination, it will be published from the date of application 18 months later. The Patent Office may also publish its application at an early date upon the request of the applicant.
The preliminary examination mainly checks whether the application documents are complete; (2) Whether the form meets the standard; ③ Whether the expenses are paid. In the preliminary examination, the Patent Office will issue a notice of correction for the above matters, and the applicant will make corrections.
(II) Substantive review
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.
If the applicant's reply overcomes the examination opinions, the examiner will issue a notice of granting the patent right.
If the applicant's reply does not overcome the examination opinions, the examiner will issue a notice of examination opinions or a notice of rejection again.
(3) Authorization
The applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, authorized annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can obtain a patent certificate after going through the registration formalities.