Invention: refers to a new technical scheme proposed for a product, method or its improvement.
For example: product invention (such as instruments, equipment, etc. ) and method invention (manufacturing method).
Second, the invention patent application process
1, acceptance stage:
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. If the applicant requests confidentiality review at the same time of application, it will generally receive the Notice of Opinions on Confidentiality Review of Foreign Patents together with the above notice within 5-6 working days, informing the applicant whether the application needs confidentiality and whether it can be applied in overseas countries or regions.
2. Preliminary examination stage: Article 44 of the Detailed Rules for the Implementation of the Patent Law (basis for examination)
(1) Generally, the name of an invention does not exceed 25 words. Under special circumstances, inventions in the field of chemistry may allow no more than 40 words.
(2) Whether the invention name, description, confidentiality review request (if any), substantive review request (if any) and patent agency power of attorney (if any) of the request are consistent.
(3) The abstract of the instruction shall not exceed 300 words. May contain the chemical formula of the present invention.
(4) Whether the abstract drawings (if any) are one of the drawings in the specification.
(5) Whether the claim numbers are arranged in Arabic order, and whether there are any omissions. Personal habits every right will be reviewed, whether to end with a full stop.
(6) If there is priority information, whether it has exceeded the validity period of 1 year, whether the priority text is provided or can be obtained through DAS. If there is priority transfer, is there a transfer certificate? This information must be reflected in the request, and the submitted content can be supplemented later, but personally, it will delay the issuance of the notice of preliminary examination.
(7) Whether foreigners/foreign enterprises/other foreign organizations that have no habitual residence or business office in Chinese mainland have entrusted domestic patent agencies.
(8) Whether the applicant has paid the official fee within 2 months from the date of application or within 15 days from the date of receiving the acceptance notice. Applicants can pay the relevant fees before the final payment time according to the contents of the payment notice/fee approval notice.
3. Publishing stage
Article 34 of the Patent Law: After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it meets the requirements of this Law, and shall publish it 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.
4. Substantive review stage
Article 35 of the Patent Law Within three years from the date of filing, the patent administration department in the State Council may, upon the request of the applicant at any time, conduct substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Of course, don't forget to pay the substantive examination fee when making the substantive examination request!
5. Authorization stage
After so long, finally authorized! Pay the authorized registration fee, annual fee and stamp duty within the time limit specified in the notice of registration!