To which state organ do you apply for a patent?

You need to apply in China National Intellectual Property Administration. China National Intellectual Property Administration manages the national patent work (including foreign-related intellectual property affairs; There is no administrative law enforcement power to directly handle and mediate patent disputes; It has the function of guiding the formulation and implementation of local laws and regulations and designating jurisdiction); Accept and examine patent applications in a unified manner and grant patent rights according to law (local intellectual property offices have no function to examine and grant patent rights).

First, which department does the patent application go to?

1, China National Intellectual Property Administration patent application. Specific to how to declare a patent, you can hire a patent agency to write patent application documents and submit the application documents to the State Intellectual Property. Those who meet the requirements for granting a patent right after the examination of national intellectual property rights can obtain a patent right.

2. Legal basis: Article 26 of People's Republic of China (PRC) Patent Law.

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.

The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.

2. What are the main materials for applying for a patent?

To apply for different types of patents, you need to prepare different materials. They are:

1. To apply for a patent for invention, the application materials shall include: the request, specification, claim, abstract and attached drawings of the invention patent in duplicate;

2. To apply for a patent for utility model, the application materials shall include: the request, specification, drawings of the specification, claims, abstract and drawings of the patent for utility model in duplicate;

3. To apply for a design, the application materials shall include: a request for a design patent, a design picture or photograph, a brief description of the design, etc.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: People's Republic of China (PRC) Patent Law.

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. The State Council Patent Administration Department refers to China National Intellectual Property Administration, which is the administrative organ directly under the State Council.