1. patent application
To apply for a patent, the applicant shall first submit a patent application to China National Intellectual Property Administration, submit the necessary application documents when submitting the patent application, and pay the relevant fees in accordance with the regulations. At the same time, the patent application can be in written or electronic form.
Note: Please refer to "What materials are needed for patent application" in the solution for the materials or documents needed for patent application.
2. Acceptance by the Patent Office
After the applicant submits a patent application, the Patent Office determines the date of the patent application, gives the application number and issues a notice of acceptance.
3. First trial
After accepting the application, the Patent Office will conduct a preliminary examination of the patent application. After passing the preliminary examination, it will be released within 18 months from the date of application.
The preliminary findings are as follows:
(1) Where the patent applied for is a patent for utility model or a patent for design, the patent right shall be granted after preliminary examination; If the preliminary examination fails, the applicant shall make corrections. If the modification is qualified, a patent right shall be granted. If it is still unqualified after correction, the patent applicant's application will be rejected.
(2) If the patent applied for is an invention patent, it will enter the substantive examination after passing the preliminary examination; If the preliminary examination fails, the applicant shall make corrections to the application. If the correction is qualified, it will enter the substantive examination. If the correction is still unqualified, the application will be rejected.
4. Substantive review
If the application for a patent for invention passes the preliminary examination or supplementary certification, the Patent Office will start the substantive examination of the patent application. The substantive examination is mainly to evaluate the novelty, creativity and practicality of the patent.
If the substantive examination is qualified, the Patent Office shall grant the patent right to the applied invention patent; If it is unqualified, the applicant shall modify the application documents accordingly, grant the patent right to the qualified one, and reject the patent application to the unqualified one.
5. Grant a patent right
The applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can only obtain the patent certificate after going through the registration formalities.
The above is related to the application process of invention patent. If you have any questions, you can consult a professional intellectual property consultant.
Personal invention patent application _ invention patent application process