If a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in Chinese mainland applies for a patent in China, or applies for a patent as the first applicant and Chinese mainland applicant, it shall entrust a patent agency established according to law to handle it.
Where an applicant from Hongkong, Macau or Taiwan Province who has no habitual residence or business office in Chinese mainland applies to the Patent Office, or applies for a patent with an applicant from Chinese mainland as the first applicant, it shall entrust a patent agency established according to law to handle it.
The applicant shall submit a patent application in electronic or written form.
If the applicant handles it by himself, he shall search for the patent, identify the type of patent application, write the document and submit it to the Patent Office; If he entrusts an agency, he will provide a technical disclosure, and the agency will help you to inquire, retrieve and evaluate whether you can apply, refine the patent points, write documents and submit them to the Patent Office.
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not undergo early publication and substantive examination in the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
If the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities according to the notification requirements within two months.