(1) patent application. To apply for a patent for invention or utility model, a request, specification, abstract, patent claim and other documents shall be submitted; To apply for a patent for a design, the applicant shall submit a request, a picture or photograph of the design and other documents, and shall specify the product and its category in which the design is used. Among them, the request shall specify the name of the invention or utility model or design, the name of the inventor or designer, the name and address of the applicant and other matters; The description shall give a clear and complete description of the invention or utility model, which shall be subject to the understanding of the technical personnel in the technical field. When necessary, drawings shall be attached; Briefly explain the technical features of the invention or utility model; The claims shall be based on the description and explain the scope of the claims. The applicant may withdraw his patent application or modify his patent application documents at any time before being granted the patent right. However, according to the provisions of the Patent Law, the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs.
(2) Patent approval. According to the relevant provisions of the Patent Law, after receiving an application for a patent for invention, the Patent Office shall publish it after 18 months from the date of application if it finds that it meets the requirements after preliminary examination. The Patent Office may publish its application at an early date upon the request of the applicant; An application for a patent for invention may, at the request of the applicant, be examined in substance at any time within 3 years from the date of filing; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When the Patent Office deems it necessary, it may examine the application for a patent for invention on its own. If the Patent Office considers that the application for a patent for invention is not in conformity with the provisions of the Patent Law after substantive examination, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit. If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn. After the applicant has stated his opinions or made amendments, if the Patent Office still considers that the application for a patent for invention does not meet the requirements, it shall reject it; If the Patent Office finds no reason for rejecting an application for a patent for invention after substantive examination, it shall grant a patent right for invention, issue a patent certificate for invention, and register and announce it. According to the provisions of the Patent Law, after receiving an application for a patent for utility model or design, the Patent Office shall grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it. Procedure for granting the right to patent right
1. Notice of Grant of Patent Right Where an application for a patent for invention has undergone substantive examination and an application for a patent for utility model and design has undergone preliminary examination, and no reason for rejection has been found, the Patent Office shall make a decision to grant a patent right, issue a patent certificate, and register and announce it at the same time. The patent right shall take effect as of the date of announcement. Before granting the patent right, the patent office shall issue a notice of granting the patent right.
2. Notify the Patent Office for registration. At the same time, a notice of registration shall be issued, and the applicant shall go through the registration formalities within two months from the date of receiving the notice.
3. The applicant for registration shall pay the patent registration fee, the annual fee for the authorized year (the year specified in the registration notice), the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. An application for a patent for invention shall also pay the application maintenance fee for each year except the authorized year.
4. If the issuance, registration and announcement of patent certificate allow the patent applicant to go through the registration formalities within the prescribed time limit, the Patent Office shall issue the patent certificate, register and announce it at the same time, and the patent right shall take effect as of the date of announcement. After the applicant has gone through the registration formalities, the Patent Office shall make a patent certificate, make preparations for the registration of granting the patent right, and announce the decision to grant the patent right. After the patent certificate is made, it can be sent to the patentee in accordance with section 2. 1. 1 in Chapter VI of this part. Under special circumstances, it can also be sent directly to the patentee in accordance with the provisions of section 2. 1.2 of Chapter VI of this part.
5. The right to obtain the patent right shall be deemed as waiver. If the applicant fails to go through the registration formalities in accordance with the provisions of section 1. 1.3 of this chapter within the prescribed time limit after the Patent Office has issued the notice of granting the patent right, it shall issue a notice of deemed abandonment of the patent right. The notice shall be issued within one month after the expiration of the registration formalities, and shall specify the legal procedures for restoring rights. After the expiration of four months from the date of notification, the patent application document shall be transferred to the invalid file library if the restoration procedures have not been completed or the Patent Office has made a decision not to restore the rights. For an application for a patent for invention, before the patent application documents are transferred to the invalid file library, it shall be announced in the patent gazette that the application for a patent for invention is regarded as a waiver of the patent right.
6. Avoid duplicate authorization processing.
(1) If the patent application falls into the circumstances described in Section 6.2.2 of Chapter 3 of Part II of this Guide, when issuing the notice of authorization and handling the registration formalities of patent application, the statement of giving up another patent right submitted by the applicant in the document shall be forwarded to the corresponding process management department and recorded, and when preparing the authorization announcement, the date of authorization announcement of the patent application shall also be notified to the corresponding process management department; The corresponding process management department shall register and announce the waiver statement.
(2) The corresponding process management department may refer to the first paragraph for the patent waiver request voluntarily submitted by the patentee due to repeated authorization.
( 1).
Legal basis:
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents. Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.