Legal analysis: because the patent right can only be obtained after the examination of the national patent authority, it is necessary to apply to the patent authority to obtain the patent right. The specific procedures for applying for an invention patent are as follows: Step 1: Submit relevant materials as follows: 1. Submitting a request for a patent for invention expresses China National Intellectual Property Administration's desire for a patent right. 2. Submit the "patent claim" of the invention patent, that is, determine the technical characteristics of patent protection. 3. Submit the description and abstract of the invention patent, that is, explain the technical characteristics and specific implementation of the invention patent. The second step is patent examination. First, China National Intellectual Property Administration made a preliminary review of the relevant materials submitted. If the relevant materials submitted do not meet the requirements, the applicant may make corrections. If it passes the preliminary examination, China National Intellectual Property Administration will publish it in 18 months from the date of application, but the applicant may also request to publish it in advance. Finally, the application should be examined in substance. The applicant shall submit an application for substantive examination to China National Intellectual Property Administration within three years from the date of application. If the substantive examination is passed, China National Intellectual Property Administration will make a decision to grant the applicant the invention patent right, and register and announce it.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.