1. Does the patent number refer to the application number or the application publication number?
The patent application number is an important content in the acceptance notice sent by China National Intellectual Property Administration to the patent applicant. It consists of eight digits plus a decimal point and a number (or the English letter X). The first two digits represent the year number of the patent application year, the third digit represents the category of the patent application ("1" represents the invention patent, "2" represents the utility model patent and "3" represents the design patent), and the last five digits represent the serial number of a patent application this year, and one digit after the decimal point or.
In order to solve the problem that the original 8-digit patent application number can't meet the increasing number of patent applications and make China's intellectual property industry standards in line with international standards, China National Intellectual Property Administration Standardization Committee revised the patent application number standard in the first half of 2003, and the 8-digit patent application number was replaced by the new 12-digit patent application number. The standard of patent application number was promulgated on July 4, 2003, and came into effect on October 0, 2003. The revised new patent application number is represented by the internationally accepted Arabic numeral 12, including the application year number, application category number and application serial number. In the order from left to right, the number 1-4 indicates the year when the patent application was accepted, the number 5 indicates the type of the patent application, and the number 6- 12 (***7) indicates the serial number of the application, indicating the relative order of accepting the patent application. Every Arabic numeral used in the patent application number is a decimal, and the number of years in the application number adopts AD year. In the next 20 years, there will be the coexistence of old and new application numbers. Applications for invention patents, utility model patents and design patents filed on or after June 10, 2003 are given and used according to the new patent application number standard. The patent application number given before September 30, 2003 (inclusive) will not be upgraded or replaced after June 65438+1 October1in 2003, and the original patent application number will continue to be used in various legal procedures stipulated in the Patent Law.
Only when the patent application is granted a patent right, the patent application number becomes the patent number.
2. What are the departments responsible for patent work?
(1) the State Council Patent Administration Department (China National Intellectual Property Administration). Responsible for the management of patent work throughout the country: accepting and examining patent applications in a unified manner and granting patent rights according to law. The main responsibilities include: implementing the Patent Law and its detailed rules for implementation, studying the law enforcement functions of relevant patent administrative organs, supervising the implementation of various patent laws and regulations, and punishing illegal and infringing acts.
(2) The Patent Reexamination Board of the State Intellectual Property Office. The State Council Patent Administration Department (China National Intellectual Property Administration) is composed of technical experts and legal experts, and accepts requests for patent reexamination and patent invalidation. Including:
(1) Re-examination that refuses to accept the decision of the Patent Office to reject the application, revoke or maintain the patent right;
(2) hearing the request for invalidation, etc.
(3) local patent administration departments. Refers to the departments for patent administration established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities divided into districts with heavy workload and strong practical handling capacity, and are responsible for patent administration within their respective administrative areas. Including: handling patent infringement disputes; Investigate and deal with patent counterfeiting and patent impersonation; Mediation of patent disputes.
(4) National and local national defense patent institutions. The national defense patent institution is responsible for accepting and examining national defense patent applications. The competent department of science, technology and industry for national defense in the State Council and the General Armament Department of the People's Liberation Army in China are respectively responsible for the administration of national defense patents in local systems and military systems.
Three, what are the types of patent substantive examination system?
The substantive examination system is divided into immediate examination system and delayed examination system.
1, namely trial system, also known as one-time review system. After the formal examination of the application, the Patent Office immediately examines the contents of the patent application for novelty, creativity and practicality, without the applicant making a request for substantive examination to determine whether to grant the patent right. The advantage of instant examination system is that it can ensure the quality of patents granted patent rights, reduce litigation disputes and simplify examination procedures to some extent. Its disadvantage is that the examination and approval time is long and a huge patent examination institution is needed. At present, the United States, Canada, Sweden and other countries implement this censorship system.
2. Deferred review system, also known as early public request review system. That is, the patent office does not immediately conduct substantive examination after formal examination of the patent application, but makes the application public first, and the applicant can request substantive examination at any time within a period of time from the date of application. After the applicant makes a request for substantive examination, the Patent Office will conduct substantive examination only after the request is made public. If the applicant fails to make a request for substantive examination within the statutory time limit, it shall be deemed as automatic withdrawal of the application. The statutory time limit for requesting substantive examination varies from country to country, which is roughly 2~7 years. Japan, West Germany, the Netherlands and other countries are seven years, Australia and other countries are five years, Brazil is two years and China is three years.
Legal objectivity:
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
Article 120
When mailing documents related to the application or patent right to the patent administration department of the State Council, registered letters shall be used, and parcels shall not be used. In addition to submitting the patent application documents for the first time, when submitting various documents and going through various formalities to the patent administration department of the State Council, the application number or patent number, the name of the invention-creation and the name of the applicant or patentee shall be indicated.