Preparation of application documents → application steps → approval process → handling agency → processing time limit → payment of fees.
1. Subject. Ordinary individuals can apply for a patent in China by themselves or by entrusting a patent agency to handle it. If it is a special individual, you must entrust a patent agency to handle it. Special individuals include:
①Foreigners who do not have a regular residence or business location in China;
②Chinese who live or work abroad for a long time;
③Compatriots from Hong Kong, Macao and Taiwan. If a Chinese individual applies for a patent in a foreign country for inventions and creations completed domestically, he or she must first apply for a patent to the patent administration department of the State Council and entrust a patent agency to handle the application. He cannot apply on his own.
2. Object. Inventions include inventions, utility models and designs. The type must be determined before applying. The conditions and costs for different types of applications, the content to be protected, and the economic benefits brought after the patent right is granted are all different. Applicants need to choose based on their own circumstances. The protection period is 20 years for inventions and 10 years for utility models and designs, both calculated from the filing date.
3. Program. Invention patents are subject to preliminary examination and substantive examination, while utility models and designs only require preliminary examination before being authorized and announced.
① For an invention patent, a request, description, abstract of the description and claims must be submitted. If necessary, the description and drawings must be attached.
② To apply for a utility model, a request, claims, description, drawings of the description, abstract of the description and drawings of the abstract must be submitted.
③For design patents, a request letter and pictures or photos of the design must be submitted. Utility model and design patents take about 8-12 months. After passing the formal examination, an authorization notice will be issued and the certificate collection procedures will be completed. After paying the license fee, the patent certificate will be obtained in about 2-3 months. The specific time depends on the speed of the examiner's examination, the degree of detail of the applicant's disclosure materials, and the availability of attached drawings. Applicants must make sufficient preparations before applying.