1. Preliminary examination. The patent authority shall find out whether the application meets the requirements of the patent law on the form of application.
2. Early publicity. After receiving an application for a patent for invention, the Patent Office shall publish it after 18 months from the date of application if it finds that it meets the requirements after preliminary examination. The Patent Office may publish its application at an early date upon the request of the applicant.
3. substantive examination. An application for a patent for invention may, within 3 years from the date of filing, be examined in substance by the Patent Office at the request of the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When the Patent Office deems it necessary, it may examine the application for a patent for invention on its own.
4. Announcement of authorization registration. If the application for a patent for invention is not found to be rejected after substantive examination, the Patent Office shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
specific procedures
1. after receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it meets the requirements of this law, and will publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
2. within three years from the date of filing, the patent administration department of the State Council may, upon the request of the applicant at any time, conduct substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
when the administrative department for patent in the State Council deems it necessary, it may examine the application for a patent for invention on its own.
3. When the applicant for a patent for invention requests substantive examination, he shall submit the reference materials related to his invention before the application date.
where an application for a patent for invention has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the materials searched by the country for examining its application or the materials of examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
4. If the administrative department for patent in the State Council considers that the application for a patent for invention is not in conformity with the provisions of this Law after substantive examination, it shall notify the applicant, request him to state his opinions within a specified time limit, or amend his application; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
5. If the application for a patent for invention is still not in conformity with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall be rejected.
6. if the application for a patent for invention is not found to be rejected after substantive examination, the patent administration department of the State Council shall make a decision to grant the patent right for invention, issue the applicant with a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
7. The patent administrative department of the State Council has set up a patent re-examination board. If the patent applicant refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, file a request for reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.
if the patent applicant refuses to accept the reexamination decision of the patent reexamination board, he may bring a suit in a people's court within three months from the date of receiving the notice.
Examination and approval of patents for utility models and designs
If the application for a patent for utility models and designs is not found to be rejected after preliminary examination, the Patent Office shall make a decision to grant the patent right for utility models or designs, issue corresponding patent certificates, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
Review
The Patent Reexamination Board was established in China National Intellectual Property Administration. If the applicant for a patent refuses to accept the decision of the Patent Office to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination from the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a suit in a people's court within 3 months from the date of receiving the notice.
after an invention-creation is granted a patent right, any unit or individual may apply for invalidation of the patent right from the date of patent authorization if it finds that it does not conform to the relevant provisions of the patent law. To request the invalidation of a patent, an application and corresponding documents must be submitted to the Patent Reexamination Board in accordance with the law, and the reasons must be explained. If the Patent Reexamination Board considers that the request is in conformity with the law, it shall make a decision to declare the patent invalid or maintain the patent right according to legal procedures. If the party concerned refuses to accept the decision, it may bring a lawsuit according to law.
after the patent right is declared invalid, the patent right shall be regarded as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the judgments and rulings on patent infringement made and executed by the people's court before the patent right is declared invalid, the decisions on handling patent infringement disputes that have been performed or enforced, and the contracts on patent licensing and patent transfer that have been performed. However, the losses caused to others by the patentee's malice shall be compensated. If, in accordance with the above provisions, the patentee or patent assignor does not return the patent royalty or patent assignment fee to the licensed patentee or patent assignee, which obviously violates the principle of fairness, the patentee or patent assignor shall return all or part of the patent royalty or patent assignment fee to the licensed patentee or patent assignee.