1. At the patent acceptance stage, the Patent Office will examine the patent application after receiving it. If it meets the acceptance conditions, the Patent Office shall determine the application date, give the application number, and after verifying the list of documents, issue an acceptance notice to inform the applicant;
2. In the preliminary examination stage, if the accepted patent application pays the application fee according to 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 secrecy, and if confidentiality is necessary, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious deficiencies in the application, mainly including whether the contents of the examination are within the scope of the patent law that does not grant patent rights, whether the obviously lacking technical contents cannot constitute a technical scheme, whether there is a lack of oneness, whether the application documents are complete and whether the format meets the requirements;
3. In the publication stage, the application for a patent for invention enters the publication stage from the issuance of the notice of preliminary examination. If the applicant doesn't ask for disclosure in advance, he will have to wait 18 months from the date of application before entering the public preparation procedure. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing and typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette and a brochure was published. After the application is published, the applicant has the right to temporary protection;
4. In the substantive examination stage, after the publication of the application for a patent for invention, if the applicant puts forward a request for examination and it has taken effect, the applicant will enter the substantive examination procedure. If the applicant fails to make a request for substantive examination within three years from the date of application, or the request for substantive examination does not take effect, the application shall be deemed to have been withdrawn;
5. In the authorization stage, if the application for a patent for invention is rejected after substantive examination, the examiner will make an authorization notice and apply for authorization registration preparation. After examining the legal effect and completeness of the authorized text, the Patent Office proofreads and modifies the description items of the patent application, and then issues a notice of authorization and a notice of registration. After receiving the notice, the applicant shall go through the registration formalities in accordance with the requirements of the notice and pay the prescribed fees within two months. If the registration formalities are completed on schedule, the Patent Office will grant a patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin two months later. Those who go through the registration formalities in accordance with the provisions shall be deemed to have given up the right to obtain the patent right.
Legal basis:
patent law of the people's republic of china
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Article 36 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application.
Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 37. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Article 38 If an application for a patent for invention is still not in conformity with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall be rejected.
Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.