Is patent application a necessary procedure for obtaining patent right?
If you want to get a patent right, you must first submit a patent application. The application for patent right is to apply to the state patent office, and it needs to be examined and approved by the state organ and issued with a certificate before the patent right can be fully obtained. The following is the flow of patent application: 1. There are two requirements for filling out all the documents applying for patent right: one is to fill out the patent application form by yourself, and the other is to entrust an agency to fill it out. 2. The application for patent application shall be accepted and handled by the competent authority. For patent application forms with no other problems, the application date will be determined, the applicant will be informed of the application number, and a notice of acceptance will be issued. 3. The application fee payable at the time of application can be paid in person or by wire transfer. Fill in the application number given by the authorized institution and the patent number used when applying for a patent on the wire transfer form, and the name need not be written in full. It is of great significance to know the complete telephone number and mailing address if you pay by mail. 4. When should the fee be paid? No matter which payment method is adopted, the payment time of the application fee cannot exceed two months at the latest. 5. Patent Examination and Approval Procedure If the applied patent involves appearance, according to the patent right, the specific procedure has five stages, namely acceptance, preliminary examination, publication, actual examination and authorization. If you don't need appearance, you can omit the two stages of publication and actual trial, but the next three stages will still be carried out. 6. The modification of the application documents that need to be modified or supplemented may be put forward within two months from the date of acceptance by the court. If the appearance needs to be corrected or modified, it needs to be modified in the actual trial stage, and the validity period is three months. 7. Under what circumstances will it be regarded as withdrawal and how to resume the application? If the relevant formalities are not handled within the specified time, the application will be regarded as withdrawal and the relevant patent office will issue a notice of withdrawal. If the applicant has reason to prove the reason for the overdue, it may complete it within the specified period of validity after receiving the withdrawal notice issued by the Patent Office, and the specified time is two months. And explain the reasons for overdue, submit the request for restoration, and pay the fee again, and pay the patent restoration fee. At the same time, we should also deal with the documents that were not handled on time before. 8. If the application for registration is not rejected after the application is submitted, the Patent Office will issue a notice of authorization and a notice of registration. After receiving these notices, the applicant shall complete the registration procedures in accordance with the relevant requirements of the notice within two months, and pay the prescribed fees in accordance with the requirements of the notice according to law. If you go through the registration formalities and pay the prescribed fees within the time limit, the relevant institutions will authorize your patent and issue you a specific certificate. At the same time, they will register your patent with them and inform the society to let them know that you have applied for this patent. As long as you are notified, the certificate will be effective. Failure to go through the registration formalities within the prescribed time limit as required by the notice shall be regarded as giving up the patent. 9. Fees after registration. This last step is very simple. There is no need to submit the document like other steps. You just have to follow in the footsteps of the authorities. Fees should be paid on time.