The invention patent application process is:
(1) Acceptance stage. After receiving the patent application, the Patent Office will conduct a preliminary review. If the application conditions are met, the Patent Office will determine the application date and issue a specific application number to the applicant. After verifying the list of relevant documents and materials, the Patent Office will issue the application The person issues a notice of acceptance. Regarding application documents, there are certain requirements. There should be no unclear handwriting or missing items. If there are pictures attached, professional drawing software should be used to draw the diagrams. They cannot be drawn by hand. If there are photos attached, the photos must be clear and clear. Ambiguous, these related materials must be prepared.
(2) Preliminary review stage. If the application can be accepted, the applicant must prepare to pay the application fee in accordance with regulations, and then proceed to the basic review stage. The review during the initial review must be conducted confidentially. If the reviewer makes suggestions or makes obviously unreasonable opinions during the review process, the applicant must respond effectively to the reviewer's comments and questions within the specified time, and must Categorize the responses into categories.
(3) Publication stage. If the invention passes the basic examination, it will enter the publication stage. Under normal circumstances, the patent office will publish the patent application one and a half years after passing the examination. After a series of review, editing and proofreading, and processing and For typesetting and printing, the patent will be publicized in the relevant patent newspapers within a certain period of time.
(4) Substantive review stage. Mainly means that the applicant's application has passed the preliminary examination and entered the substantive examination stage. The examiner will conduct a comprehensive substantive examination of the patent from the aspects of practicality, creativity and novelty of the patent. The examination will find that there are non-compliance with the regulations or problems. , the applicant must respond within the specified time and make detailed answers and modifications.
(5) Authorization stage. After the substantive examination, if the examination department of the Patent Office finds no issues that warrant rejection of the application, the examiner will issue a corresponding authorization notice, complete the examination, and finally proceed with the patent registration and other processes.
Legal basis:
Article 26 of the "Patent Law" When applying for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.
Article 34: After the patent administration department of the State Council receives an invention patent application and determines upon preliminary examination that it meets the requirements of this Law, it shall publish it immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; the applicant fails to make the request within the time limit without justifiable reasons. If the application is subject to substantive examination, the application will be deemed to have been withdrawn.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.