Patent application procedures:
(a) whether to apply for a patent technically and economically.
That is, whether the invention can meet the conditions of patent right technically; Whether the invention has sufficient economic value economically and whether it is worth applying for patent protection.
(2) Write application documents.
The application documents for an inventor to apply for a patent may be written by himself or by a patent agent entrusted by a patent agency.
As patent application is a highly legal and technical work, it is best to ask a patent agent to write patent application documents.
To apply for a patent for invention or utility model, a request, specification, abstract, patent claim and other documents shall be submitted.
(3) Submit the application documents to the Chinese Patent Office or its agency.
The applicant will send the prepared application documents to China Patent Office or its representative office (China Patent Office has set up representative offices in Shenyang, Jinan, Shanghai, Nanjing, Chengdu and Changsha) for acceptance.
If the application documents are mailed, the postmark date shall be the application date. All application documents sent by post shall be packed in large font and shall not be folded. When two or more application documents are contained in an envelope, a document list shall be attached.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests.
No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.