(1) Patent applications involving national defense interests that need to be kept confidential.
If the examination is conducted by the National Defense Patent Office, and the reasons for rejection are not found after examination, the Patent Office shall make a decision to grant the national defense patent right according to the examination opinions of the National Defense Patent Office, entrust the National Defense Patent Office to issue the national defense patent certificate, and announce the patent number, application date and authorization announcement date of the national defense patent in the patent bulletin.
If the National Defense Patent Reexamination Board makes a decision to declare a national defense patent invalid, the Patent Office shall publish the patent number, the date of authorization announcement, the number of invalidation decision and the date of invalidation decision in the patent bulletin.
(2) An application for a patent for invention or utility model that involves vital interests other than national security or national defense interests and needs to be kept confidential.
The Patent Office conducts examination and management in accordance with the following procedures. The examiner shall mark the patent application documents that need to be kept confidential and keep them confidential before making a decision on decryption. The preliminary examination and substantive examination of the confidential patent application shall be conducted by the examiner designated by the Patent Office.
For an application for a patent for invention, the preliminary examination and substantive examination shall be conducted on the same basis as the general application for a patent for invention. The confidential patent application that has passed the preliminary examination will not be published, and if the request for substantive examination meets the requirements, it will directly enter the substantive examination procedure. If no reason for rejection is found after substantive examination, a decision shall be made to grant the patent right for confidential inventions, and a notice of granting the patent right for inventions and a notice of going through the registration formalities shall be issued.
The preliminary examination of an application for a patent for utility model shall be conducted on the same basis as an application for a patent for common utility model. If no reason for rejection is found after preliminary examination, a decision shall be made to grant the patent right of confidential utility model, and a notice of granting the patent right of utility model and a notice of handling the registration formalities shall be issued.
The authorization announcement of confidential patent application only publishes the patent number, application date and authorization announcement date.
Extended data
General steps
abstract
Patent application is a legal procedure. If the inventor applying for a patent wants to obtain a patent right quickly and safely and obtain legal protection, he can entrust a patent agent of the Patent Office to provide you with legal and technical assistance. Once the inventor has established an agency relationship with the patent agent, the patent agent is your technical consultant and patent lawyer.
Accurately speaking, a qualified patent agent will help the inventor to carry out the secondary development of the technology to be patented, such as mining alternatives. At the same time, the inventor needs to provide technical support to the agent and provide relevant information in time.
After establishing an agency relationship with a patent agent, the inventor shall provide detailed technical information necessary for writing patent documents according to the requirements of the agent; Detailed technical data include the purpose of invention and creation, the comparison between old and new technologies, the main technical features, the specific scheme to realize the purpose of invention and creation, and the attached drawings that can explain the purpose of invention and creation.
If the inventor can't draw drawings or provide necessary detailed technical data, he can directly dictate to the patent agent, and the patent agent can complete the whole process of patent application for you according to the inventor's invention intention until the patent right is obtained.
Procedures for entrusting a patent agency to apply for a patent
Entrusting a patent agency to apply for a patent generally goes through the following steps.
I consultations:
1, to determine whether the invention belongs to patentable content; For this consultation, it is suggested to consult several patent agencies, compare them and determine the correct conclusion. Because at present, many information receptionists take commission, sometimes there will be inappropriate reply to the consultation for the business volume.
2, determine the invention content can apply for what kind of patent type (invention, utility model, design).
Second, sign an agency agreement.
The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the contents of the applicant's inventions confidential.
Third, technical disclosure
1. The applicant provides the patent agent with background information about the invention-creation or entrusts the retrieval of relevant contents;
2. The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.
Fourth, determine the application plan.
On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and advise the applicant to withdraw the application with little possibility of patent authorization. At this time, the agency will charge a small amount of consulting fees, and most of the application agency fees will be returned to the applicant.
If the patent authorization has a bright future, the patent agent will put forward a clear application plan, scope and content of protection, and start preparing a formal application with the consent of the applicant.
Verb (abbreviation of verb) Preparation of application documents
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.
Review of intransitive verbs
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Seven. Review conclusion
China Patent Office will authorize or reject the examination conclusion according to the examination situation. Generally, this process takes about 3-6 months for appearance design, 6- 10 months for utility model and 2-4 years for invention patent.
Eight, go through the formalities of patent registration or reexamination request:
If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain a patent certificate.
If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances.
At this point, the patent application process is over.
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