Legal analysis: Patent application process
1. Main process of patent application (1) Application process for invention patent Application -> Preliminary examination -> Disclosure -> Substantive examination -> Grant Patent rights (2) Application process for utility models and designs Application -> Preliminary examination -> Grant of patent rights
2. The State Intellectual Property Office, the acceptance agency for patent applications, is the only authority in my country that has the authority to accept patent applications. organ. The State Intellectual Property Office has an agency in Shanghai to accept patent application documents and collect various patent fees.
3. Documents that should be submitted when applying for a patent. The legal documents submitted when applying for a patent must be in writing and filled out in a prescribed unified format. Applying for different types of patents requires preparing different documents.
Legal basis: "Patent Law of the People's Republic of China"
Article 26 To apply for an invention or utility model patent, a request, description and abstract shall be submitted and claims and other documents.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.
Article 27 When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photos submitted by the applicant should clearly show the design of the product requiring patent protection.