Paragraph 2 of Article 9 of the Patent Law stipulates that "where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant who applies for a patent for invention or utility model, and the request, specification, patent claim, abstract of specification and necessary drawings shall be submitted. To apply for a patent for design, a request, a design picture or photograph, a brief description and other documents shall be submitted.
The application documents can be delivered directly to the acceptance office and agency in China National Intellectual Property Administration, or sent to China National Intellectual Property Administration by registered mail, or entrusted to an agency. In addition, applicants can submit applications and intermediate documents for patents for inventions, utility models and designs to China National Intellectual Property Administration online through the electronic application system, as well as international applications and intermediate documents for the national phase in China.
After receiving the patent application documents that meet the requirements, China National Intellectual Property Administration will send an acceptance notice to the applicant, indicating the date and number of the patent application and related matters. After that, the applicant shall pay the relevant fees as required. It can be paid directly to the Intellectual Property Office or various agencies, remitted by post offices or banks, and remitted by agents.
Users who apply for electronic registration can log on to China Patent Electronic Application Network and pay the patent fees by using the online payment system.
Extended data:
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 establishes the principal-agent 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.
What application documents should be submitted to apply for a patent?
To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (if the specification has drawings, the drawings of the specification shall be submitted), the patent claim, the abstract (if necessary, the drawings of the abstract shall be attached) and other documents.
For an application for a patent for invention involving amino acids or nucleotide sequences, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and a computer-readable copy of the sequence list meeting the requirements of China National Intellectual Property Administration shall be submitted at the same time.
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings.
To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs, a brief description of the design and other documents. Where color protection is needed, color pictures or photographs shall also be submitted. Orthographic views of the same product with the same design should adopt the same expression, that is, all views should be drawn, all views should be rendered or all views should be photos, and different expressions are not allowed to be mixed.
Baidu Encyclopedia-Patent Application