What are the stages of patent application?

There are three stages in applying for a patent, namely, the patent retrieval stage, the preparation stage of the materials needed for applying for a patent and the stage after submitting a patent application to the Patent Office.

1, patent retrieval stage

Before applying for any patent, you must go through the retrieval stage. Through a large number of free international literature, the same patent content is excluded and the same technology is prevented from being developed. This is a patent search. The significance of the inventor's application for patent retrieval is that he can submit his own patent examination pass rate to a certain extent.

2, the preparation stage of the information required for the patent application

Different types of patents need different materials, generally including application, specification and drawings. No matter what kind of information it is, if the inventor makes a mistake in writing, or the writing format, the paper used and the information materials are inaccurate, it is likely to lead to the failure of the later patent application.

3. The stage after submitting a patent application to the Patent Office.

Invention patents need to go through several steps, such as application, acceptance, formal examination, publication, substantive examination and authorization announcement. Design patents and utility models only need to go through three steps: acceptance, examination and authorization.

Among them, if the applicant's invention does not meet the conditions of three patents, it will be rejected and the application will fail. At this time, the inventor usually has two choices: resubmit the application after modification and submit it for review.

Extended data:

If the accepted patent application pays the application fee in accordance with the regulations, it will automatically enter the preliminary examination stage. 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.

The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date.

After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure. Where an application for a patent for invention has not been submitted for trial within three years from the date of application, or the request for trial has not taken effect, the application shall be deemed to have been withdrawn.

Patent reexamination procedure is a kind of remedy for the applicant when the patent application is rejected. According to Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines the request for reexamination and makes a decision.

Cases requesting re-examination include cases requesting patent re-examination because they refuse to accept the decision to reject the patent application in the preliminary examination and substantive examination procedures. Only the patent applicant has the right to start the patent reexamination procedure, and must submit it to the Patent Reexamination Board of the State Intellectual Property Office within 3 months after receiving the notice of rejection.

Baidu Encyclopedia-Patent Application