There is generally no time limit for filing a short-term patent application. Unless the applicant claims priority or enjoys a grace period that does not harm the novelty disclosure, it shall file an application within the prescribed corresponding time limit. However, short-term patent applications based on international applications have different requirements, which will be described in detail below.
1. 1 application procedures for general short-term patent applications
Documents to be submitted when applying for short-term patent
A. A request for granting a short-term patent signed by the applicant or his agent;
B. Documents related to the content of the invention, including:
Explain and explain the invention involved in the application;
The claim contains only one independent claim, but allows multiple dependent claims;
The drawings mentioned in the above description and claims.
C. summary of the invention;
D. the search report on the invention completed by the designated search agency. China National Intellectual Property Administration, China is one of the designated retrieval agencies.
What should be included in the request?
A. the name and address of the applicant;
B the names and latest addresses of all inventors known to the applicant;
C. If the applicant is different from the inventor, or there are multiple inventors, and the applicant and the inventor are not exactly the same, a statement that the applicant obtained the right to apply in a legal way shall be provided;
D. Address of service of the applicant's documents in Hong Kong.
Documents submitted when necessary
A. the IPC classification number to which the invention of the short-term patent application belongs;
B. a copy of the priority statement and the earlier application;
C. Public statements and related explanations that may not damage novelty;
D. information related to microbial preservation.
application expenses
To apply for a short-term patent, the application fee and announcement fee of HK$ * * * 4,070 must be paid within 65,438+0 months after submitting the required application documents. If the payment is overdue, the applicant can pay it back within 1 month from the date of receipt of the notice, but an overdue fine will be charged. If the payment formalities are not completed within the time limit, the short-term patent application shall be deemed to have been withdrawn.
1.2 Application procedure of short-term patent application based on international application
Where an international application designates China and requires patent protection for utility model, the applicant may also apply for a short-term patent for the invention in the international application after the international application has entered the national phase in China.
Application time
The applicant of the above-mentioned international application shall file a short-term patent application within 6 months from the date when the international application enters the national phase in China.
Documents or instructions to be submitted
A copy of the international application published by the International Bureau according to Article 2 1 of the Patent Cooperation Treaty;
B a copy of the international search report of the international application published in accordance with article 2 1 of the patent cooperation treaty;
The date when the international application entered the national phase of China;
A copy of the translation of the international application published by China National Intellectual Property Administration, China and other materials.
The filing date of a short-term patent application is the international filing date, and other procedures are the same as those of a general short-term patent application.
After the short-term patent application has passed the formal examination, the intellectual property department will publish the short-term patent specification, the name of the patentee and the name of the inventor as soon as possible, publish the authorization announcement in the gazette, and send the patent certificate to the patentee.