At present, there are two ways for China to apply for a patent, one is to entrust a legally established patent agency to handle it, and the other is to submit the application materials to the Beijing Patent Office in person. Due to geographical location, time cost and other factors, most patent applications are handled through agencies at present, and it is not excluded that powerful large enterprises set up their own legal departments to take charge of patent applications.
Paragraph 1 of Article 36 of the Patent Law stipulates that when an applicant for a patent for invention requests substantive examination, he shall submit reference materials related to his invention before the filing date. These reference materials mainly refer to the technical materials related to the invention referred by the inventor in the process of completing the invention, including patent documents, scientific and technological books, patent technology newspapers and periodicals, etc. Applicants can choose the materials most closely related to the invention and send them to China National Intellectual Property Administration.
Extended information A. Application: The patent applicant submits an application to the China National Intellectual Property Administration Patent Office.
B. Preliminary examination: After receiving an application for a patent for invention, the the State Council Patent Administration Department shall publish it immediately after 18 months from the date of application, if it finds that it conforms to the provisions of the Patent Law after preliminary examination. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Substantive examination: Within three years from the date of application, the patent administrative department of the State Council may, upon the request of the applicant at any time, conduct substantive examination of the application. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
D. Registration: If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a 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.
E. Rejection of the application: if the patent administration department in the State Council considers the application for a patent for invention to be inconsistent with the provisions of the Patent Law after substantive examination, and the patent administration department in the State Council still considers it to be inconsistent with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall reject it.
F. Re-examination: If the patent applicant refuses to accept the decision of the the State Council Patent Administration Department to reject the application, he may, within three months from the date of receiving the notice, request a re-examination from the Patent Reexamination Board.
G. Invalid application: Any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law from the date when the patent administrative department of the State Council announced the grant of the patent right.
H. Administrative litigation: If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board to reject the application, or the party concerned refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
References:
Baidu encyclopedia-invention patent