After a patent owner owns a patent, he needs to apply for a patent at the State Intellectual Property Office. Only after the patent right is granted can he obtain patent protection. What is the procedure for patent application?
1. Patent application
To apply for a patent, the applicant should first submit a patent application to the State Intellectual Property Office. When submitting the patent application, he should submit the necessary application documents and pay relevant fees as required. At the same time, patent applications can be in written form or electronic form.
Note: For the materials or documents needed to apply for a patent, you can view "What materials are needed to apply for a patent" in the solution.
2. Acceptance by the Patent Office
After the applicant submits the patent application, the Patent Office determines the patent application date, gives the application number, and issues an acceptance notice.
3. Preliminary examination
After the Patent Office accepts the application, it will conduct a preliminary examination of the patent application. After passing the preliminary review, it will be announced within 18 months from the date of application.
4. Substantive examination
If the invention patent passes the preliminary examination or passes the supplementary certification application, the Patent Office will initiate a substantive examination of the patent application. Substantive examination mainly evaluates the novelty, creativity, practicality, etc. of the patent.
If the substantive examination is qualified, the Patent Office will grant the patent right to the applied invention patent; if it is unqualified, the applicant should modify the application documents accordingly, grant the patent right if the application is qualified, and reject the unqualified application. Patent application.
5. Grant of patent rights
After receiving the notice of grant of patent rights, the applicant needs to go through the registration procedures. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and shall also pay stamp duty on the patent certificate. The applicant can obtain the patent certificate only after completing the registration procedures.
The above is what Intellectual Property Rights has summarized for you about the patent application process? related answers. If you have any questions, please log in to Intellectual Property for consultation and understanding at any time.
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