2. Entrust a patent agency, sign an agency agreement, and write patent application documents that meet the requirements of the Patent Law; If necessary, you can retrieve it first.
3. Submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee as required;
4. After preliminary examination, the application for a patent for this invention will be published in the patent bulletin and website 18 months after the date of application; According to the requirements of the applicant, it may also be required to publish it in advance at any time within 15 months from the date of application;
5. Enter the stage of substantive examination (substantive examination): the applicant may file an application for substantive examination with the Patent Office at any time within 3 years from the date of application or after the patent application is made public, and must pay the patent substantive examination fee in accordance with the regulations;
6. After substantive examination, the patent conforms to the practicality, novelty and creativity of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee and certificate fee are paid in accordance with the regulations to obtain the invention patent certificate; Authorized invention patents will be published.
7. Where a prior application for a patent for invention is claimed, the relevant information of the prior application shall be provided.
Technical materials to be provided when applying for a patent for invention.
1. Claim: The description of the claimed invention refers to the substantive technical features of the invention.
2. Description: Summarize the invention;
3. Description: Description of the technical field to which the present invention belongs; Explain the background related to the invention; Explain the purpose of the present invention; The technical scheme of the invention is explained in detail; Explain the effect and advantages of this technical scheme; Relevant experiments and data prove its effect and advantages. Specifically:
For inventions involving the field of machinery, the structural schematic diagram of the product patent shall be provided, indicating the structure and shape characteristics of the product, the names of each part, the connection relationship and the working principle.
For inventions involving the field of electricity, the names of components and the electrical relationship between components shall be provided.
For inventions involving the chemical field, the names, preparation methods and technological conditions of specific chemical substances shall be provided.
For inventions involving chemical equipment systems, connections between various equipment shall be provided.
An application for a patent for a product with a three-dimensional structure shall describe its structure, connection relationship and working process with reference to the attached drawings. B for amorphous products (such as drugs, compounds, compositions, etc. ), should explain its composition or formula range and preparation method. C for the method patent application, each step and the parameter range in each step shall be explained. D. Applications for invention patents involving DNA sequences, including computer-readable sequences (floppy disks or optical disks) that meet the standards; Involving microbial strains that are not available to the public, the microbial strains shall also be kept by the prescribed preservation institutions.
Specifically:
For inventions involving the field of machinery, the structural schematic diagram of the product patent shall be provided, indicating the structure and shape characteristics of the product, the names of each part, the connection relationship and the working principle.
For inventions involving the field of electricity, the names of components and the electrical relationship between components shall be provided.
For inventions involving the chemical field, the names, preparation methods and technological conditions of specific chemical substances shall be provided.
For inventions involving chemical equipment systems, connections between various equipment shall be provided.
legal ground
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
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.
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a 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.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.