1. Write the patent application materials. The patent applicant can fill it out by himself or entrust the relevant patent agency to help write it, but all the contents should be written clearly.
2. Acceptance of patents. China National Intellectual Property Administration will conduct preliminary screening after receiving the application materials of patent applicants. For those who meet the application conditions, it will determine the specific application date, and then issue the applicant's application number and the applicant's acceptance letter on the patent application.
3. If the application materials are submitted directly to the relevant handling offices, the applicant can push them back from the date of application after obtaining the acceptance notice and issuing the patent application payment form.
4. Then it will enter the process of applying for approval.
5. At this time, the relevant examination departments in China National Intellectual Property Administration will put forward various questions to the applicant according to the submitted materials and the relevant contents of the patent application. The applicant shall classify the questions and answer them one by one, and answer the examiner's opinions on the patent, and modify or reissue the application. If the applicant disagrees with the examiner's examination opinions, he may ask questions, state opinions and reasons.
6. Go through the patent application formalities. When the applicant receives the authorization notice and needs to go through the relevant registration procedures, he must go through the relevant registration procedures within two months in accordance with the relevant regulations and requirements, and must go through the registration procedures and pay the fees within the prescribed time limit. The Patent Office will grant the applicant a patent right, issue a patent certificate, fill it in the patent system, publish and announce it in the patent bulletin, and the patent right will take effect as of the date of announcement.
7. To apply, you need to go through the relevant registration procedures. Other patent application materials and any documents need not be submitted when going through the relevant registration procedures. The applicant only needs to pay the relevant fees for patent registration in time within the specified time.
legal ground
patent law of the people's republic of china
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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 27
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.
Article 28
The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29
An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.
Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.
Article 30
Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of the first application.
Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.
Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.
Article 31
An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.
Article 32
The applicant may withdraw his patent application at any time before being granted the patent right.
Article 33
The applicant may modify his patent application documents, but 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.
Patent application is to hold the relevant documents of patent application and go directly to the reception office in China National Intellectual Property Administration or its subordinate reception offices. If these places are far away from their place of residence, you can also sort out all the materials needed to apply for a patent by mail and send them to China National Intellectual Property Administration for processing.
1. Write the patent application materials. The patent applicant can fill it out by himself or entrust the relevant patent agency to help write it, but all the contents should be written clearly.
2. Acceptance of patents. China National Intellectual Property Administration will conduct preliminary screening after receiving the application materials of patent applicants. For those who meet the application conditions, it will determine the specific application date, and then issue the applicant's application number and the applicant's acceptance letter on the patent application.
3. If the application materials are submitted directly to the relevant handling offices, the applicant can push them back from the date of application after obtaining the acceptance notice and issuing the patent application payment form.
4. Then it will enter the process of applying for approval.
5. At this time, the relevant examination departments in China National Intellectual Property Administration will put forward various questions to the applicant according to the submitted materials and the relevant contents of the patent application. The applicant shall classify the questions and answer them one by one, and answer the examiner's opinions on the patent, and modify or reissue the application. If the applicant disagrees with the examiner's examination opinions, he may ask questions, state opinions and reasons.
6. Go through the patent application formalities. When the applicant receives the authorization notice and needs to go through the relevant registration procedures, he must go through the relevant registration procedures within two months in accordance with the relevant regulations and requirements, and must go through the registration procedures and pay the fees within the prescribed time limit. The Patent Office will grant the applicant a patent right, issue a patent certificate, fill it in the patent system, publish and announce it in the patent bulletin, and the patent right will take effect as of the date of announcement.
7. To apply, you need to go through the relevant registration procedures. Other patent application materials and any documents need not be submitted when going through the relevant registration procedures. The applicant only needs to pay the relevant fees for patent registration in time within the specified time.
Legal basis:
patent law of the people's republic of china
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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 27
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.
Article 28
The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29
An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.
Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.
Article 30
Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of the first application.
Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.
Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.
Article 31
An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.
Article 32
The applicant may withdraw his patent application at any time before being granted the patent right.
Article 33
The applicant may modify his patent application documents, but 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.