1. The applicant applied directly and obtained the patent right after examination by China National Intellectual Property Administration;
2. Acquisition of patent right transfer;
3. Legacy.
The patent application process is as follows:
1. The patent applicant submits the prepared application documents to the State Patent Office, including:
(1) Requirements: accurately state the content and theme of patent protection;
(2) Description: technical field, background technology, invention content, attached drawings, etc.
(3) abstract;
(4) Claims;
2, received the patent acceptance notice, enter the preliminary examination stage. The first trial is the so-called formal review, which mainly examines whether there are typos in the materials provided, whether the drawings are clear, and whether there are errors in other documents such as words;
3. If there is no mistake in the examination, a notice of preliminary examination or a notice of authorization shall be issued. On the contrary, it will issue a notice of review opinions or a notice of correction;
For the invention patent, this is only the first level. The next step is that the patent office will conduct substantive examination according to the applicant's proposal or law, bearing in mind that this deadline is proposed within 3 years from the date of application. This stage is mainly about the novelty of invention patents; Review creativity and practicality;
5. Registration. In the substantive examination stage, if no reason for rejection is found, the Patent Office will issue a decision to grant the patent right, issue a patent certificate, and register and announce it at the same time, which will take effect from the date of announcement.
legal ground
Article 10 of the Patent Law of People's Republic of China (PRC) * * * The patent application right and patent right can be transferred.
Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.