The principles of patent application: the principle of legal form, the principle of singleness and the principle of prior application.
A. Preliminary examination and announcement: After receiving an application for a patent for invention, the patent administration department of 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.
B. substantive review:
A within 3 years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of his application at any time. 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.
Patent applications for utility models and designs can be authorized without substantive examination.
After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
C. grant of patent right:
A. If the application for a patent for invention is not found to be 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.
B. 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.
2. The approval time is specified.
Patent application can only be protected at home, if you want to be protected abroad, you need to apply abroad.
4. "Invention" in the Patent Law refers to a new technical scheme (product invention and method invention) proposed for a product or method or its improvement-unprecedented;
(2) The term "utility model" as mentioned in the Patent Law refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. -what has existed before, improvement;
(3) The term "design" as mentioned in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application based on (beautiful) shapes, patterns or their combinations, and the combination of colors and shapes and patterns.
5. Patent application fee
(1) When entrusting an agency, the applicant needs to pay the agency fee and official fee.
(2) The amount of agency fee shall be determined by the applicant through consultation with our company according to the difficulty and workload of the technical field to which the application belongs.
(3) Pay official expenses to China National Intellectual Property Administration. The first official fee includes the application fee and the examination fee for the invention application, and the amount (RMB) is: the application fee for the invention patent in 950 yuan (including the printing fee in 50 yuan); Application fee for utility model patent 500 yuan;
(4) The application fee for a patent for design is 500 yuan; The examination fee for invention application is 2500 yuan.
(5) In order to obtain and maintain the patent, the applicant also needs to pay the annual fee and other fees to the Patent Office within a few years after the application.
(6) The Patent Office may reduce or exempt certain fees (application fee, examination fee for invention application, maintenance fee for invention application, reexamination fee and annual fee for three years after authorization) for applicants with real difficulties. If the applicant is an organization, the above fees can be reduced by 70%, and if the applicant is an individual, the above fees can be reduced by 85%.