Can the invention patent be expedited?

Legal analysis: required materials

1, invention patent request.

2. Instructions (if the instructions have attached drawings, the attached drawings shall be submitted).

3. claim.

4, abstract (if necessary, there should be a summary map).

(Each of the above is in duplicate)

Application and acceptance

1. Filling and writing of patent application documents

There are specific requirements for the filling and writing of patent 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 patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.

2. 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.

3. 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.

4. Time to pay the application fee

Those who submit the patent application documents in person may pay the application fee after obtaining the notification of acceptance and the notification of payment of the application fee. 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.

5. Patent approval procedures

According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model or design, there are only three stages: acceptance, preliminary examination and authorization.

6. Actively modify and correct the patent application documents.

The active revision and correction of patent application documents is also a procedure that applicants can choose according to their needs. Applications for patents for utility models and designs are only allowed to be modified voluntarily within two months from the date of application; An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving a notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.

Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right 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.