How to apply for a national patent?

1. The applicant shall submit the patent application in electronic form or in written form.

1. Where an applicant applies for a patent in the form of an electronic document, he/she shall go through the registration procedures of the electronic application user in advance and submit the application documents and other documents to the Patent Office through the patent electronic application system of the Patent Office.

2. Where the applicant applies for a patent in written form, the application documents and other documents can be delivered to the reception window of the Patent Office or mailed to the reception office of the China National Intellectual Property Administration Patent Office (hereinafter referred to as the reception office of the Patent Office), or delivered to the reception window of the local patent office agency or mailed to the agency of the China National Intellectual Property Administration Patent Office.

At present, the Patent Office has set up representative offices in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi 'an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, Shenzhen, Fuzhou, Nanning, Urumqi, Nanchang, Yinchuan, Hefei, Suzhou, Haikou, Lanzhou and Taiyuan.

2. The application documents that should be submitted when applying for a patent. ?

1. To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the abstract of the specification (if necessary, the appended drawings of the abstract shall be submitted), the patent claim and the specification (if necessary, the appended drawings of the specification shall be submitted).

For an application for a patent for invention involving amino acid or nucleotide sequence, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and the page number shall be written separately. At the same time, it shall submit the CD or floppy disk with an ordered list in accordance with the provisions of the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office).

Where an invention-creation relying on genetic resources applies for a patent, the applicant shall explain the source of genetic resources in the request, and fill in the public registration form of the source of genetic resources, indicating the direct source and original source of genetic resources. If the applicant cannot explain the original source, it shall explain the reasons.

2. To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the abstract of the specification and its drawings, the claims, the specification and its drawings.

3. To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs (color pictures or photographs shall be submitted if color protection is required) and a brief description of the design. ?

Extended data

Reply to various notices from the Patent Office.

1. The parties shall answer the questions pointed out in the notice of review opinions one by one within the prescribed time limit. The reply can agree with the examiner's opinion, and make corrections or amendments to the application according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons. The reply shall indicate the application number, document serial number, reply notice name, publication date, etc.

2. Defects in format or form can generally be eliminated by correction; Obvious substantive defects are generally difficult to eliminate through revision or modification. In most cases, we can only defend and state our opinions on whether there are or are obvious substantive defects.

3. The modification of an application for a patent for invention or utility model shall not exceed the scope recorded in the original specification and claims, and the modification of an application for a patent for design shall not exceed the scope shown in the original picture or photograph. When submitting the revised document, a replacement page shall be attached in the prescribed format.

4. The reply shall be submitted in the prescribed format. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying.

5. When replying to the notice of legal proceedings, in addition to eliminating the defects pointed out in the notice, the corresponding legal proceedings should be resubmitted.

China National Intellectual Property Administration, People's Republic of China-Introduction of Patent Application.