1. The patent applicant submits the prepared application documents to the State Patent Office, including:
(1) Requirements: accurately state the content and theme of patent protection;
(2) Description: technical field, background technology, invention content, attached drawings, etc.
(3) abstract;
(4) Claims;
2, received the patent acceptance notice, enter the preliminary examination stage. The first trial is the so-called formal review, which mainly examines whether there are typos in the materials provided, whether the drawings are clear, and whether there are errors in other documents such as words;
3. If there is no mistake in the examination, a notice of preliminary examination or a notice of authorization shall be issued. On the contrary, it will issue a notice of review opinions or a notice of correction;
For the invention patent, this is only the first level. The next step is that the patent office will conduct substantive examination according to the applicant's proposal or law, bearing in mind that this deadline is proposed within 3 years from the date of application. This stage is mainly about the novelty of invention patents; Review creativity and practicality;
5. Registration. In the substantive examination stage, if no reason for rejection is found, the Patent Office will issue a decision to grant the patent right, issue a patent certificate, and register and announce it at the same time, which will take effect from the date of announcement.
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim 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 27 To apply for a patent for design, a written 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.