Publicity is a link of patent application, and the examination process of invention patent is as follows:
(1) Acceptance stage: The Patent Office will examine the patent application after receiving it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant.
(2) The patent application accepted in the preliminary examination stage will automatically enter the preliminary examination stage if the application fee is paid in accordance with the regulations.
(3) Publication stage The application for a patent for invention shall enter the publication stage from the date when the notice of preliminary examination is issued. If the applicant does not make an early request for publicity, it will not enter the public preparation procedure until 18 months after the application date.
(4) After the publication of the application for a patent for invention in the substantive examination stage, if the applicant makes a request for substantive examination and the request has taken effect, the applicant will enter the substantive examination procedure.
(5) Authorization stage, that is to say, after the patent is published, there will be substantive examination of the patent, and the originality of the patent will be examined. If the patent meets the authorization conditions, it shall be authorized; if it does not meet the authorization conditions, a notice of examination shall be issued, and the applicant shall overcome the defects through defense. If you successfully overcome the authorization, if you can't overcome it all the time, you won't be able to get the authorization (of course, the final rejection can also continue through procedures such as review and appeal, but the result still depends on the specific situation).
Disclosure is a procedure for examining an application for a patent for invention. The purpose is to let the public know that someone wants to apply for an open invention. Before publication and authorization, anyone can submit materials to the Patent Office that can prove that the published patent application is not novel or creative. The purpose of this should be to use the power of the public to examine patent applications. After the patent application is published for a period of time, the Patent Office will conduct a formal review of the patent application, such as whether the patent claim is clear, whether the specification is fully disclosed, whether the invention has three characteristics, and whether there is oneness between multiple inventions in the same application. After the application meets the above requirements, it can be authorized.
What are the contents of patent right?
1. Exclusive right to use: refers to the exclusive right of the patentee to manufacture, sell or use his patented product or patented method according to law;
2. Import right: refers to the right of the patentee to prohibit others from importing patented products for commercial purposes without permission or authorization within the validity period of the patent right;
3. Transfer right: refers to the right of the patentee to transfer the patent ownership he has obtained to others;
4. Licensing right: refers to the right of the patentee to license others to exploit his patent and collect royalties through the implementation of a licensing contract;
5. Waiver right: refers to the right of the patentee to give up his patent right at any time before the expiration of the protection period by written statement or without paying the annual fee;
6. Marking right: refers to the right of the patentee to mark the patent mark and patent number on the patented product or its packaging, container, instruction manual and product advertisement;
legal ground
patent law of the people's republic of china
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Article 23 A design that has been granted a patent right does not belong to an existing design; No unit or individual may apply for the same design.
The previous application to the patent administrative department of the State Council was recorded in the patent documents published after the application date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.
Article 24 An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(a) When the country is in a state of emergency or an extraordinary situation, it shall be published for the first time for the purpose of public interest;
(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(3) It was first published at a specific academic conference or technical conference;
(4) Others disclose the contents of the application without the consent of the applicant.
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.