The application process of invention patent includes
(1) An application for a patent for invention is to write the technical content of an object authorized by the Patent Law into a specified file format according to the requirements of the Patent Law, and submit it to the Patent Office after meeting the specified language description rules. If the Patent Office does not find any curve that does not conform to the relevant patent laws, it will grant the patent right to the request.
(2) The process of applying for a patent for invention is divided into five stages: acceptance stage, preliminary examination stage, publication stage, substantive examination stage and authorization stage.
1, patent acceptance stage
After receiving the patent application, the Patent Office will examine it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after verifying the list of documents, issue an acceptance notice to inform the applicant.
2. Preliminary review stage
After accepting a patent application, if the application fee is paid in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in secrecy, and if confidentiality is necessary, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious deficiencies in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant patent rights, whether the obviously lacking technical contents cannot constitute a technical scheme, whether there is a lack of oneness, whether the application documents are complete and whether the format meets the requirements.
3. Publishing stage
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant doesn't ask for disclosure in advance, he can't enter the public preparation procedure until 18 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette and a brochure was published. After the application is published, the applicant has the right to temporary protection.
4. Substantive review stage
After the publication of the application for a patent for invention, the applicant will enter the substantive examination procedure if the request for examination has come into effect. If the applicant fails to make a request for substantive examination within three years from the date of application, or the request for substantive examination fails to take effect, the application shall be deemed to have been withdrawn.
5. Authorization stage
If the application for a patent for invention is rejected after substantive examination, the examiner shall issue a notice of authorization and apply for authorization registration. The patent office examines the legal effect and completeness of the authorized text, proofreads and modifies the description items of the patent application, and then issues the authorization notice and registration notice. After receiving the notice, the applicant shall go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice within two months. If the registration formalities are completed on schedule, the Patent Office will grant a patent right, issue a patent certificate, record it in the patent register, and make an announcement in the patent gazette two months later. Failure to go through the registration formalities in accordance with the provisions shall be regarded as giving up the right to obtain the patent right.
legal ground
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right 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.
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 immediately after 18 months from the date of application. 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 three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; 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 rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the 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.