The application process of three different patents is as follows:
I. Procedures for granting invention patents-Six stages: application-acceptance (application number and date)-preliminary examination-publication-substantive examination-authorization to issue certificates (announcement, the patent is valid for 20 years).
Two, the application of utility model patent and design patent-acceptance (application number, application date)-preliminary examination-authorization (announcement, the patent is valid for 10 years) four stages.
Details of each stage are as follows:
1. The documents to be submitted when applying for a patent for invention and utility model include the request, the claim, the specification, the appended drawings of the specification, the abstract of the specification and other documents. The documents to be submitted when applying for a patent for design include a request, pictures or photographs, a brief description and other relevant documents.
2. After receiving the patent application documents, China National Intellectual Property Administration Patent Office will issue a notice of acceptance, determine the date of patent application and give the patent application number. For the lack of necessary application documents or other violations of legal provisions, it will not be accepted.
3. After receiving the application documents, the preliminary examination patent office shall first conduct a formal examination of the application documents and pay the fees. If the preliminary examination fails, the applicant shall make corrections or statements in accordance with the notice; If it still does not meet the requirements, it shall be rejected. If the application for a patent for utility model or design has passed the preliminary examination and no reason for rejection is found, it will directly enter the authorization procedure for authorization.
4. Publication (unique to the application for a patent for invention) If the application for a patent for invention has passed the preliminary examination, it will enter this stage. If the Patent Office considers that it meets the requirements of the Patent Law after preliminary examination, it shall publish it in the bulletin of invention patent within 18 months from the date of application. The Patent Office may also publish its application at an early date upon the request of the applicant.
5. Substantive examination (unique to an application for a patent for invention) Within 3 years from the date of application, the Patent Office may, at the request of the applicant at any time, conduct a substantive examination of its application. If the applicant fails to make a request within this time limit, his application will be deemed to have been withdrawn. However, if the request cannot be made in time due to force majeure or other legitimate reasons, a certificate may be issued before the request is made. When the Patent Office deems it necessary, it may also conduct substantive examination of the application for a patent for invention on its own.
6. After the actual examination of the application for a patent for invention, if the patent for utility model and design is not found to be rejected after the preliminary examination, the patent right shall be granted and a patent certificate shall be issued. A patent authorized and issued with a patent certificate shall be registered in the Bulletin of Invention Patents, and the patent right shall take effect as of the date of announcement.