2. What application documents should be submitted to apply for an invention patent? The application documents shall include: the request for a patent for invention, the specification (if the specification has attached drawings, it shall be submitted), the patent claim and the abstract (if necessary, it shall have attached drawings) in duplicate. For an application for a patent for invention involving amino acid or nucleotide sequence, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and the page number shall be written continuously with the specification. At the same time, a CD or floppy disk with an ordered list that meets the requirements of China National Intellectual Property Administration shall be submitted. To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings of the abstract in duplicate. To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
3. When applying for a patent, the applicant of the patent application acceptance department shall submit or send the application documents directly to the reception desk of China National Intellectual Property Administration Patent Office (hereinafter referred to as the reception desk of the Patent Office), or to the local agency of China National Intellectual Property Administration Patent Office (hereinafter referred to as the agency of the Patent Office), which is currently located in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi, Wuhan, Zhengzhou and Tianjin. The national defense patent branch specializes in accepting national defense patent applications.
4. How to apply for a patent When applying for a patent, you should submit the necessary application documents and pay the fees in accordance with the regulations. Patent applications must be handled in written form or electronic application form. Written application documents cannot be replaced by oral explanations or samples or models. In the patent examination and approval procedure, only written documents have legal effect. All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency. If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
5. How to arrange the application documents when submitting the application? The application documents for a patent for invention or utility model shall be arranged in the following order: request, abstract of specification, appended drawings of abstract, patent claim, specification, appended drawings of specification and other documents. The application documents for a patent for design shall be arranged in the order of the request, the picture or photograph and a brief explanation. All parts of the application documents shall be numbered with Arabic numerals respectively.
6. The paper quality of the application documents requires that the paper quality of the application documents should be equivalent to that of copy paper. No useless words, marks, boxes, lines, etc. On the paper. All documents shall be A4 size (2 10/0mm× 297mm) paper. The paper of application documents should be used vertically, with only one side. The text is arranged from left to right, with 25 mm blank in the upper left and 15 mm blank in the lower right, which is convenient for publication and review. The front pages of all parts of the application documents must use the format uniformly formulated by China National Intellectual Property Administration. These forms can be obtained from the consulting office in the reception hall of the Patent Office, from patent offices around the country, or directly downloaded from the website of China National Intellectual Property Administration.
7. The writing and writing of the application documents require all parts of the application documents to use Chinese characters. If there is no uniform Chinese translation of foreigners' names, place names and technical terms, English or the original text shall be indicated in brackets after Chinese. If the attachments or supporting documents provided by the applicant are in a foreign language, they shall be accompanied by a Chinese translation. The application documents, including the request, should be typed or printed in Song Dynasty, imitation Song Dynasty or regular script, and the handwriting should be black, with the word height between 3.5 and 4.5 mm and the line spacing between 2.5 and 3.5 mm. If two documents need to be submitted, one is the original and the other is the copy, and the contents of the two documents should be consistent. If there are drawings in the application documents, they shall be drawn with ink and drawing tools, or with drawing software, and the lines shall be uniform and clear, and shall not be altered. Engineering blueprints shall not be used.
8. The singularity of the content of the patent application requires that the application for a new patent for invention or utility model should be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application.
9. There are specific requirements for the filling and writing of application documents. The applicant can fill in or write the application documents by himself, or entrust a patent agency to handle it on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing the application documents and the legal rigor of the examination and approval procedures, it is worth promoting for applicants with little experience.
10. Acceptance of patent application After receiving the patent application, the patent office or the agency of each patent office shall determine the application date, give the application number and issue an acceptance notice for the application that meets the acceptance conditions. The application documents submitted by the applicant to the acceptance office of the patent office or the agencies of the patent offices shall be examined at that time to see if the application meets the acceptance conditions. If it meets the acceptance conditions, the acceptance procedures shall be handled on the spot.
1 1. Notice of Acceptance If you send the application documents to the acceptance office of the Patent Office, you can generally receive the acceptance notice from the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office) within one month. Those who do not meet the acceptance conditions will receive a notice of rejection and a copy of the returned application documents. If the notice from the Patent Office has not been received for more than one month, the applicant shall promptly check with the reception desk of the Patent Office to find out the possible loss of the application documents or notices in the mail.
12. How to pay the application fee? The application fee and other fees can be paid directly to the toll office or agency of the Patent Office, or remitted through the bank or post office. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the money order, and shall abbreviate the name of the payer. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript column. If you remit money through the post office, you should also ask the post office staff to enter the complete mailing address, including the postal code, which will play an important role in future procedures. Fees shall not be sent to the Patent Office.
13. When the application fee is paid, if the application documents are submitted by me, the application fee can be paid at that time after obtaining the acceptance notice and the application fee payment notice. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
14. The date of payment is indeed that the application fee or other fees are paid to the toll office of the Patent Office in person, and the date of face-to-face payment is the date of payment. Remittance to the toll office of the Patent Office shall be based on the actual remittance date of the bank or post office if the remittance method complies with relevant regulations. However, if it is more than 15 days from the date of remittance to the date of receipt by the Patent Office, except for the certificate provided by the post office or bank, the date of receipt by the Patent Office shall be the payment date.