Legal subjectivity:
The examination procedure for invention patents is as follows: 1. Documents required for submission of application: 1. Description, claims, abstract, drawings (if any). All application documents must be submitted in Chinese; 2. The contact form must include the following information: the names and addresses of the inventor and applicant; if there is a request for priority, the country of the previous application, filing date, and application date should be provided. No.; 3. A power of attorney signed by the applicant, which can be resubmitted after the filing date; 4. Documents proving priority. If priority is claimed, relevant priority certification documents must be submitted within 3 months from the filing date. 5. Proof of priority transfer. If the applicant who applied earlier is different from the applicant who applied later, the original or notarized copy of the priority transfer certificate must be provided. The priority transfer certificate can be submitted within 3 months from the filing date. 6. Microbial preservation and survival certificates are applicable to applications involving new microorganisms, microbial processing processes or microbial products obtained using such processes, and the microorganisms are not available to the public before the application date. The deposit and proof of survival can be submitted within 4 months from the date of application. 2. Preliminary examination: The National Patent Office conducts a preliminary examination of the invention patent and checks whether the submitted documents meet the requirements. 3. Publication: If the patent meets the formal requirements stipulated in the Patent Law after preliminary examination by the Patent Office, the invention patent shall be published within 18 months from the date of application or the date of priority. After the invention patent is published, the application will receive temporary protection, and the applicant can require the unit or individual who implemented the invention to pay appropriate fees. Early Publication If an applicant for an invention patent requests early publication of his patent application, preparations for publication will be made starting from the date of passing the preliminary examination and will be published upon the expiration of three months. 4. Substantive examination: Substantive examination is required for invention patent applications. The substantive examination procedure for invention patent applications is mainly initiated based on the applicant's request for substantive examination. In order to initiate the substantive examination procedure, the applicant shall submit a formal substantive examination request within 3 years from the Chinese application date or priority date. If no substantive examination is requested within this period, the application will be deemed to have been withdrawn. 5. Modification of application: When submitting a request for substantive examination, or within 3 months from the date of receipt of the notice of entry into substantive examination issued by the China Patent Office, the applicant may proactively propose modifications to the application documents to the China Patent Office, but Such modifications shall not go beyond the scope of the original description and claims. When responding to the examination opinions, the applicant can modify the application documents according to the examiner's opinions. 6. Authorization: If no reason for rejection is found after substantive examination of the invention patent application, the Patent Office will issue an authorization notice. After the Patent Office issues the authorization notice and the registration formalities notice, the applicant should pay the registration fee, announcement printing fee, maintenance fee and annual fee for the year of authorization, etc. within 2 months from the date of receipt of the notice. 7. Issuance of patent certificate, patent registration, and announcement in the Patent Bulletin: If the applicant completes the registration procedures within the prescribed time limit, the Patent Office will issue an invention patent certificate, register and announce it at the same time, and the patent right will be effective from the date of announcement. Take effect. 8. Annual fees: After authorization, the patentee shall pay annual fees in accordance with regulations before the expiration of the patent term to maintain the validity of the patent. Legal objectivity:
Article 34 of the "Patent Law of the People's Republic of China" After the patent administration department of the State Council receives an application for an invention patent and, after preliminary examination, determines that it meets the requirements of this law, the patent administration department shall, from the date of application, It will be announced immediately after eighteen months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.