Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Patent application process It takes about 2 years for an invention patent to be applied for and authorized, and 8 to 10 months for a utility model and design.
An application for a patent for invention needs 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 is no need for publication and substantive examination, but only three stages: acceptance, preliminary examination and authorization.
1. The application documents at the stage of application for a patent for invention shall include: the request for a patent for invention, the specification (if the specification is accompanied by drawings, it shall be submitted), the patent claim and the abstract (if necessary, it shall be accompanied by 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. Examination stage (1) Preliminary examination: After receiving the application for invention patent, the Patent Office will conduct 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. (2) After the application for substantive examination of the invention is made public, the Patent Office will start 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) The authorized 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.