Detailed rules for the implementation of patent law
Article 11. Except under the circumstances stipulated in Articles 28 and 42 of the Patent Law, the date of filing mentioned in the Patent Law, where there is priority, means the priority date. Unless otherwise specified, the filing date mentioned in these Rules refers to the filing date stipulated in Article 28 of the Patent Law.
patent law
Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.
It can be seen that in most cases, for patents, the patent protection period is calculated from the date of application, and the specific application situation sometimes changes with personal circumstances.
The steps of applying for a patent include:
Step 1: Prepare the application documents. Utility models and inventions include requests, specifications, claims, attached drawings of specifications and abstract of specifications. A patent for design shall contain a request, a picture or photograph and a brief explanation.
Step 2: Submit the materials. You can choose two ways to submit materials.
1, go directly to the lobby of the patent office or the local patent agency window.
2. Submit by email.
The third step is that the State Patent Office issues an acceptance notice, which means that the patent application formally enters the examination and approval procedure.
Step 4: Pay the application fee. In addition to paying directly at the toll office and agency of the Patent Office, you can also pay the application fee by remittance from the bank or post office. Pay attention to the payment within 15 working days from the date of receiving the admission notice. After that, the Patent Office will conduct a preliminary examination of the application. For patent applications other than inventions, as long as they pass the preliminary examination, they can grant patents, and unqualified amendments can be resubmitted. Finally, after the approval of China National Intellectual Property Administration, the patent right can be granted.