1. The application documents shall be complete: request, specification, claim, abstract, picture or photograph;
An invention should have three characteristics: novelty, creativity and practicality. The specific requirements are mainly that others have not applied, the results have not been made public at international exhibitions, academic conferences and technical conferences, and the contents have been leaked without the consent of the inventors;
3. China's patent examination system is as follows: the application for a patent for invention is made public at an early stage, and substantive examination is requested; Formal examination of utility model patents and design patents. The so-called formal review is also called registration system or non-review system. The main contents of the review are whether the application documents meet the requirements and whether the invention is repeated. After publication in the Gazette, if there is no objection within the time limit, it will be authorized.
After everything is ready, it can be accepted on the same day, and it will be protected by our laws on the same day.
The process of patent application
1, consulting. Communicate with us and consult the knowledge about patents to understand the basic process and theory;
2. Write a technical disclosure. We will keep your technical disclosure strictly confidential;
3, China patent search, pay the search fee first.
4. Special agent. General agent: basic agency fee is charged. Expedited agency: 40% of the basic agency fee is charged. According to the original materials provided by the applicant, write the application documents in accordance with relevant regulations.
5. Acceptance: The State Patent Office will send back the Notice of Acceptance after receiving the mailed or submitted application documents, and the applicant will pay the application fee to the China Patent Office at the same time as receiving the Notice of Acceptance or within two months from the date of application. If the application is slow, I will pay at the slow rate and pay the handling fee I received. Failing to pay within the time limit shall be deemed to have withdrawn the patent application.
6. Preliminary examination: The State Patent Office conducts a preliminary examination of the submitted application documents. The applicant shall pay the examination fee to the Patent Office when receiving the Notice of Qualified Preliminary Examination or within 3 years from the date of application. The examination fee is 2500 yuan. If the applicant enjoys a mitigated treatment, it shall be paid according to the mitigated proportion. At the same time, the handling fee I received was 150 yuan. Paying this review fee early can enter the review process early. If the examination fee is not paid within the time limit, the patent application shall be deemed to have been withdrawn.
7. Substantive examination: The examiner thinks that there is something wrong with the novelty, creativity or practicality of the patent application (that is, the three characteristics of the patent), and sends us the first notice of examination opinions, requiring the applicant to reply. If the applicant defends himself, he needs to go to our office to go through the formalities of canceling the entrustment. If the applicant entrusts me to defend, I will charge a defense fee not higher than the basic agency fee (writing a defense). If the first defense fails, the defense fee will still be charged for the second defense, but the fee will gradually decrease, and there is a time limit for each defense. Failure to reply at the expiration of the time limit shall be deemed as withdrawal of the patent application.
8. Go through the registration formalities: if there are no problems with the three characteristics of the patent application or the defense is qualified, the State Patent Office will issue it. At this time, the applicant should pay the patent registration fee, authorized annual fee and unpaid maintenance fee. The payment period is within two months from the date of receiving the authorization notice from the Patent Office. If the patent expires, it shall be deemed as giving up the patent right.
9. Rights restoration: If the above rights are lost, if the rights need to be restored, in addition to going through the procedures for rights restoration and paying the fees owed, the request fee for rights restoration shall be paid to the State Patent Office: 1 000 yuan.
10. Review: If you are not satisfied with the decision made by the Patent Office to reject the patent application or not to grant the patent right, you can also request a review from the China National Intellectual Property Administration Reexamination Board.
1 1. Fee slowdown: the application fee, examination fee and annual fee for the first three years after authorization paid by the State Patent Office (including the maintenance fee payable from the third year before the application for a patent for invention is granted) will be slowed down by 85% for one applicant, 70% for two or more applicants or one company, but not for two companies.
12. Other expenses: pay other related expenses.
legal ground
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.
Article 24 An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(a) When the country is in a state of emergency or an extraordinary situation, it shall be published for the first time for the purpose of public interest;
(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(3) It was first published at a specific academic conference or technical conference;
(4) Others disclose the contents of the application without the consent of the applicant.