What are the domestic patent application processes?

1. Application review process: According to the Patent Law, the examination and approval process of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not undergo early publication and substantive examination in the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization. The detailed flow chart is as follows: domestic patent application flow II. Patent authorization process 1. Before granting the patent right, the patent office shall issue a notice of granting the patent right. 2. When the Patent Office issues a notice of granting a patent right, it shall also issue a notice of going through the registration formalities, and the applicant shall go through the registration formalities within two months from the date of receiving the notice. 3. The applicant for registration shall pay the patent registration fee, the annual fee for the authorized year (the year specified in the registration notice), the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. An application for a patent for invention shall also pay the application maintenance fee for each year except the authorized year. 4. If the applicant goes through the registration formalities within the prescribed time limit, the Patent Office shall issue a patent certificate, register and announce it at the same time, and the patent right shall take effect from the date of announcement. Three. Precautions 1. Before applying for a patent, the applicant and inventor should carefully examine the patentability (novelty, creativity and practicality) of the patent to be applied for, and conduct a preliminary patent search according to their own understanding of the industry to judge the probability of obtaining patent authorization. Usually, the following questions should be considered before applying: (1) novelty: the boundary standard of comparative technology in the known state: time boundary: application date or priority date (so you should apply as soon as possible to get the application date as soon as possible) geographical boundary: publication, worldwide comparison; Other ways, domestic scope. Publicity mode: public publication (whether anyone reads it or not, no matter what language, circulation, where it is published, whether the applicant knows it, etc.). ); Open for use (including manufacturing, sales, import, demonstration, etc.). ); Other publicity methods, such as oral conversation, insider disclosure, papers, speeches, exhibitions, etc. (2) Creativity: Because the applied patent should have room for manoeuvre when infringing on his human rights, and at the same time, it should be able to prevent future generations from infringing on his rights, so it should closely cooperate with the agent and provide technical information according to the guidance of the agent. At the same time, it can meet the actual needs and avoid the risks in the application process. It can improve the writing quality and protection. (3) Practicality: the invention has solved the technical problems that people have been eager to solve, but have never succeeded; The invention overcomes the technical prejudice; The invention has achieved unexpected technical effects; The invention is successful in business (4) Protection and prevention of infringement. If the technical scheme in an application has technologies or components that can be established independently, it should be applied separately, so as to prevent others from copying without infringement, because there is no partial infringement in the infringement judgment. In a word, the technical scheme containing multiple technical points should be applied separately for comprehensive protection. 2. Failure to go through the registration formalities: If the applicant fails to go through the registration formalities within the prescribed time limit, the Patent Office will issue a notice deemed to have waived the patent right. The notice shall be issued within one month after the expiration of the registration formalities, and shall specify the legal procedures for restoring rights. After the expiration of four months from the date of notification, the patent application document shall be transferred to the invalid file library if the restoration procedures have not been completed or the Patent Office has made a decision not to restore the rights. For an application for a patent for invention, before the patent application documents are transferred to the invalid file library, it shall be announced in the patent gazette that the application for a patent for invention is regarded as a waiver of the patent right. 3. Partial waiver: If the patent application conforms to the provisions of the Patent Examination Guide on patent application and patent processing, when issuing the notice of authorization and the notice of patent application registration, the waiver statement of another patent right submitted by the applicant in the document shall be forwarded to the corresponding process management department and recorded, and the date of authorization announcement of the patent application shall also be notified to the corresponding process management department when preparing the authorization announcement; The corresponding process management department shall register and announce the waiver statement. 4. Re-examination: If the patent applicant refuses to accept the decision of the the State Council Patent Administration Department to reject the application, he may, within three months from the date of receiving the notice, request a re-examination from the Patent Reexamination Board. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.