1, application stage. The application documents for utility model shall include: the request for the patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings of the abstract.
An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage. China implements a preliminary examination system for utility model patent applications.
During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice.
At the same time, the examiner will examine whether it belongs to customers protected by utility model patents and whether there are customers not protected by utility model patents; The examiner issues a notice of examination opinions, and the applicant replies to the notice of examination opinions or modifies the application documents.
3. Authorization stage.
(1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right.
After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
Legal basis:
patent law of the people's republic of china
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.