(1) Entrusting a patent agency recognized by the state to handle it.
(2) The applicant directly files an application with the State Patent Office of China.
(III) Application for a patent for invention 1, examination and approval process of an application for a patent for invention Patent application-acceptance-preliminary examination-publication-request for substantive examination-substantive examination-authorization 2. Documents 1) required to apply for an invention patent: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc. 2) Description: including the name, technical field, background technology, invention content, attached drawings and specific implementation methods of the invention patent. 3) Claim: Explain the technical features of the invention, and clearly and concisely state the content to be protected. 4) Drawings in the specification: Invention patents often have drawings. If only words can describe the technical scheme clearly and completely, there is no need for drawings.
Patent application department
(IV) Examination and approval process of utility model patent application 1 and utility model patent application-acceptance-preliminary examination-announcement-authorization 2. Documents 1) required to apply for a patent for utility model: including the name of the patent for utility model, the name of the inventor or designer, the name and address of the applicant, etc. 2) Description: including the name, technical field, background technology, invention content, drawings and specific implementation of the utility model patent. The contents of the manual should be written in detail, and the technical contents mentioned shall be subject to the realization after reading by ordinary technicians in this technical field. 3) Claim: Explain the technical features of the utility model, and clearly and concisely state the contents of the requested protection. 4) Illustration: The patent for utility model must have attached drawings. 5) Description summary: clearly reflect the technical problem to be solved by the invention, the main points and main uses of the technical scheme to solve this problem.
(1) In the acceptance stage, the Patent Office will review 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. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.
In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant the patent right, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, whether it is not a new technical scheme or a new design, and if no reason for rejection is found after preliminary examination, it shall directly enter the authorization order.
(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 a request for early publication, it shall be published within 18 months from the date of application. Where the applicant requests to publish in advance, the Patent Office may publish its application as soon as possible according to the applicant's request. After the application is published, the applicant has the right to temporary protection. The publication stage before the application for patent for utility model and design is authorized.
(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. If the applicant fails to make a request for real trial within 3 years from the date of application, or the request for real trial does not take effect, the application shall be deemed to have been withdrawn. In the actual trial process, whether the patent application is novel, creative and practical will be comprehensively examined. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected. If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required. There is no substantive examination stage for applications for patents for utility models and designs.
(5) In the authorization stage, the application for a patent for utility model and design has been preliminarily examined, and if the application for a patent for invention has not found any reasons for rejection after substantive examination, the examiner will make an authorization notice and apply for authorization registration preparation. 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 a notice of authorization and a notice of registration. After receiving the notice, the applicant shall go through the registration formalities in accordance with the requirements of the notice and pay the prescribed fees within 2 months. If the registration formalities are completed on schedule, the Patent Office shall grant the patent right, issue a patent certificate, record it in the patent register and make an announcement in the patent bulletin. 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.