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 agent, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures.
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 of the Patent Office or the agency of the Patent Office, and can also be remitted by bank or post office, or the registered users of electronic application can log on to China Patent Electronic Application Network and pay the patent fee by using the online payment system.
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.
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.
According to Article 26 of the Patent Law
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim 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.
Extended data
According to Article 27 of the Patent Law
To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
Article 28
The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29
An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.
An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority.
Baidu Encyclopedia-Patent Law
Baidu Encyclopedia-Patent Application