The application process of utility model patent is divided into three stages: application, examination and authorization.
First, the application stage of utility model patent.
The application materials and documents for a patent for utility model shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings of the abstract. An application for a patent for utility model must have instructions and drawings; 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.
Second, the examination stage of utility model patent.
The application for a patent for utility model shall be subject to a preliminary examination system. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the customer protected by the utility model patent. If there are customers who are not protected by the utility model patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
Third, the stage of patent authorization for utility model.
1. authorization: after passing the preliminary examination, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
2. Issuance of certificates: Applicants can obtain patent certificates after going through the registration procedures. The time of this stage is about 2-3 months.
Legal objectivity:
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.
patent law of the people's republic of china
Article 40
If the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.