How to apply for patent rights

Legal analysis: 1. The applicant must apply to the patent administration department and bring relevant materials. For example, bring the patent project evaluation application form, the patent certificate of the patent project being evaluated, the acceptance notice, copies of patent application documents, etc.

2. After the patent administration department receives the applicant’s patent application, and after basic examination, if it meets the requirements of the law, it can be announced, and the applicant will be issued a patent certificate, registered and announced.

3. If the review is found to be inconsistent with the stipulated requirements, the application can be rejected. If the applicant is not satisfied with the rejection of the application, he or she can request a review within three months from the date of receipt of the notice. After the review, a decision will be made. decision and notify the applicant. If the applicant is still dissatisfied, he can initiate a lawsuit within three months from the date of receipt of the notice.

Legal basis: "Patent Law of the People's Republic of China" Article 41 The patent administration department of the State Council establishes a patent reexamination committee. If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After review, the Patent Reexamination Board will make a decision and notify the patent applicant. If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.