Legal analysis
Application stage: the application documents for utility model shall include: the patent request for utility model, specification, drawings of the specification, claims, abstract and drawings of the abstract. An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted. Examination stage: China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the customer protected by the utility model patent. If there are customers who are not protected by the utility model patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents. Authorization stage: (1) authorization: after the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. (2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
legal ground
Article 24 of the Patent Law of People's Republic of China (PRC) The invention-creation for which an application for a patent is filed shall not lose its novelty under any of the following circumstances within six months before the date of filing: (1) It was first made public for the public interest in case of national emergency or special circumstances; (2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government; (3) It was first published at a specific academic conference or technical conference; (4) Others disclose the contents of the application without the consent of the applicant.