Two ways to apply for a patent 1. An applicant who applies for a patent on his own can directly mail his application to the China National Intellectual Property Administration Patent Office or apply for a patent at a patent agency.
The address of the reception desk of China National Intellectual Property Administration Patent Office is No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing, and the postal code is 100088. China National Intellectual Property Administration has a patent agency in Guangzhou, and its address is at the Institute and Provincial Intellectual Property Office at Xianlie Middle Road 100, Guangzhou.
2. Entrusting an agent to apply for a patent In accordance with the provisions of the Patent Law, the applicant entrusts a statutory agency approved by the state to apply for a patent in the name of the client to the China National Intellectual Property Administration Patent Office or its dispatched office.
The procedure for entrusting an agent to apply for a patent is: 1) Sign a patent agency entrustment contract with the Patent Office; 2) Provide the technical data required for patent application (legal provisions: patent agents are responsible for confidentiality); (3) Paying agency fees and application fees; What documents should be submitted when applying for a patent; 1, the request for a patent for invention or utility model, the specification (the patent for utility model must have attached drawings), the abstract and the claims; 2.3. The application for a patent for design and its pictures or photos can be downloaded from the website of China National Intellectual Property Administration (). All application documents must be written in the format prescribed by the state or the application date must be determined. The date when the China National Intellectual Property Administration Patent Office or its patent agency receives the patent application documents shall be the filing date.
If the application documents are mailed, the postmark date of mailing shall be the application date.
The organ that accepts the patent application shall give the application number, determine the application date, and issue a notice of acceptance to the qualified application.
If the application for a patent for invention has been examined in substance, and the application for a patent for utility model and design has not found any reason for rejection after preliminary examination, the Patent Office shall make a decision on granting the patent right, issue a patent certificate, and register and announce it.
The general procedure for applying for a patent abroad is 1. You must apply for a patent in China first. 2. Go to China National Intellectual Property Administration Patent Office to handle the priority certificate and formalities. 3. Entrust a foreign-related patent agency to act as an agent. 4. Where an invention-creation involving national security or vital interests needs to be kept confidential applies for a patent abroad, it shall be handled in accordance with the relevant provisions of the state.
How should citizens apply for patents? - .
According to China's patent law, patents are divided into invention patents, utility model patents and design patents.
According to Article 25 of the Patent Law, the rules and methods of scientific discovery and intellectual activities, methods of disease diagnosis and treatment, species of animals and plants, and substances obtained by nuclear transformation do not apply for patents, but the production methods of animals and plants can apply for patents.
When applying for a patent, citizens should pay attention to the following matters: (1) First, it should be made clear whether the invention they hold is a service invention or a non-service invention: a service invention refers to an invention that the inventor or designer has completed the task assigned by his own unit or made mainly use of the material conditions of his own unit. The patent for service invention is applied by the unit, and no individual has the right to apply.
Non-service invention refers to the invention and creation made by employees after completing the work assigned by their units.
Non-service inventions can be patented by individuals.
(2) Requirements of application documents: To apply for a patent, a request, specification, abstract, patent claim and other documents shall be submitted.
The request shall specify the name of the invention, the name of the inventor or designer, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention, and the patent claim shall specify the scope of patent protection.
(3) Principle of first application: In China, the patent right is granted on the basis of the principle of first application, that is, when two or more applicants apply for a patent for the same invention respectively, the patent right is granted to the first applicant.
(4) Examination and approval of patent application: After receiving an application for a patent for invention, the Patent Office, after preliminary examination, finds that it conforms to the provisions of the Patent Law, and shall publish it after 18 months from the date of application.
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