Request for invention patent, claim, abstract of claim, request for fee reduction and corresponding supporting documents.
Process:
1. The application documents for the invention patent at the application stage shall include:
The request for a patent for invention, the specification (if there are drawings in the specification, the drawings of the specification shall be submitted), the patent claim, and the abstract (if necessary, there shall be drawings in the abstract). Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage
(1) Preliminary review:
After receiving an application for a patent for invention, the Patent Office shall conduct a preliminary examination. After passing the preliminary examination, it will be published from the date of application 18 months later. The Patent Office may also publish its application at an early date upon the request of the applicant. Preliminary examination, main verification
① Whether the application documents are complete;
(2) Whether the form meets the standard;
③ Whether the expenses are paid. In the preliminary examination, the Patent Office will issue a notice of correction for the above matters, and the applicant will make corrections.
(2) After the application for substantive examination of the invention is made public, the Patent Office will start substantive examination after receiving the applicant's request for substantive examination. The examiner issues a notice of examination opinions, evaluates the novelty, creativity and practicability of the invention application, and points out the substantive defects in the application documents. The applicant shall reply to the examination opinions and modify the application documents when necessary. If the applicant's reply overcomes the examination opinions, the examiner will issue a notice of granting the patent right. If the applicant's reply does not overcome the examination opinions, the examiner will issue a notice of examination opinions or a notice of rejection again.
(3) The authorized applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, authorized annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can obtain a patent certificate after going through the registration formalities.
How to apply for an intellectual property patent
To apply for an intellectual property patent, you need to submit an application to the Patent Office. What should the application include:
1. To apply for a patent for invention or utility model, the applicant shall submit the written request, specification, abstract, claims 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.
2. To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the abstract of the specification (if necessary, the appended drawings of the abstract shall be submitted), the patent claim and the specification (if necessary, the appended drawings of the specification shall be submitted). To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the abstract of the specification and its drawings, the claims, the specification and its drawings. To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. 3. To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs (color pictures or photographs shall be submitted if color protection is required) and a brief description of the design. Method of submitting an application: The applicant shall submit a patent application in electronic form or in written form.
(1) Where an applicant applies for a patent in the form of an electronic document, it shall go through the registration formalities of the electronic applicant in advance and submit the application documents and other documents to the Patent Office through the electronic patent application system of the Patent Office.
(2) Where an applicant applies for a patent in written form, he may submit the application documents and other documents to the reception window of the Patent Office or to the reception office of the China National Intellectual Property Administration Patent Office, or to the reception window of the local patent office or to the agency of the China National Intellectual Property Administration Patent Office.
Patent application process
Prepare a patent application proposal:
Master the basic knowledge of patent: through elective courses.
According to three different types of patent preparation proposals:
Invention: refers to a new technical scheme proposed for a product, method or its improvement.
Utility model: refers to the new practical technical scheme put forward for the shape, structure or combination of products.
Appearance design: refers to the new design of the product's shape, pattern or their combination, as well as the combination of color, shape and pattern, which is aesthetic and suitable for industrial application.
Patent application documents:
Description, attached drawings of the description, abstract of the description, attached drawings of the abstract, claims, patent request for invention, patent request for design, patent request for utility model.
Submission of patent application documents:
If you apply for a patent or go through other formalities in China National Intellectual Property Administration, you can submit the application documents or other documents directly to the application acceptance window in China National Intellectual Property Administration or any patent agency in the Patent Office, or you can mail them to the patent agency or the Patent Office in China National Intellectual Property Administration. Please note the following when submitting documents:
(a) to submit application documents or documents for various formalities to China National Intellectual Property Administration, the format uniformly formulated by China National Intellectual Property Administration shall be used, and the application documents shall be in duplicate, and the procedure documents may be in duplicate.
(2) A form can only be used for one patent application. For example, an invention patent request can only fill in one invention, and a statement of opinions can only state opinions on a patent application. It is not allowed to fill in several application statements or inventions in an opinion statement or an invention patent request.
(3) Applicants who submit all kinds of documents to China National Intellectual Property Administration should keep the manuscript, so as to ensure the consistency of filling in the documents during the application examination and approval process, which can be used as a reference when replying to the examination opinions.
(4) If the application documents are sent by post, a registered letter shall be used. If you can't send it by registered mail, you can use express mail instead of parcel. In addition to indicating the detailed address (including postal code) of China National Intellectual Property Administration or the patent agency, the registered letter should also indicate the words "application documents", "received by the acceptance office in China National Intellectual Property Administration" or "received by the patent agency in China National Intellectual Property Administration". The application documents should not be submitted by the courier company, and the application date should be based on the date when the China National Intellectual Property Administration courier company and the patent agency actually received the application documents. The registered letter shall only contain the application documents or other documents of the same application. When mailing, the applicant should ask the post office staff to clear the postmark date and properly keep the registered receipt stub.
(5) China National Intellectual Property Administration does not accept samples, samples or models when accepting patent applications. In the process of review, when the applicant submits a sample or model at the request of the examiner, if it is submitted in person at the China National Intellectual Property Administration window, it shall produce a notice of review opinions; The words "submit the model at the request of the inspector (name)" should be written on the email.
legal ground
Article 36 of the Patent Law When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the filing date.
Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.