Procedure for applying for a patent
(a) whether to apply for a patent technically and economically. That is, whether the invention can meet the conditions of patent right technically; Whether the invention has sufficient economic value economically and whether it is worth applying for patent protection.
(2) Write application documents. The application documents for an inventor to apply for a patent may be written by himself or by a patent agent entrusted by a patent agency. As patent application is a highly legal and technical work, it is best to ask a patent agent to write patent application documents. To apply for a patent for invention or utility model, a request, specification, abstract, patent claim and other documents shall be submitted.
(3) Submit the application documents to the Chinese Patent Office or its agency. The applicant will send the prepared application documents to China Patent Office or its representative office (China Patent Office has set up representative offices in Shenyang, Jinan, Shanghai, Nanjing, Chengdu and Changsha) for acceptance. If the application documents are mailed, the postmark date shall be the application date. All application documents sent by post shall be packed in large font and shall not be folded. When two or more application documents are contained in an envelope, a document list shall be attached.
(4) Two special patent applications. Apply for a confidential patent. Where the invention-creation for which a patent is applied involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state. The patent application for national defense system shall be accepted by the patent institution established by the competent department of national defense science and technology, and the Patent Office shall make a decision according to the examination opinions of the institution; After accepting the application for non-defense system, the Patent Office will forward the application for confidentiality review to the relevant departments of the State Council for review, and the relevant departments shall notify the Patent Office of the review results within 4 months from the date of receipt. Where the invention-creation for which a patent is applied needs to be kept confidential, the Patent Office shall treat it as a confidential patent and notify the applicant. Apply for a patent abroad. To apply for a patent abroad, you need to go through the following procedures: first, apply for a patent with the Chinese Patent Office; With the consent of the relevant departments of the State Council; A patent agency designated by the State Council shall be entrusted to act as an agent; Fees for preparing to apply for foreign patents.