How to apply for a patent and its process

Legal analysis: the following steps are required to apply for a patent: 1. The applicant submits a written application according to law; 2. After receiving the application for a patent for invention, the administrative department for patent in the State Council conducts a preliminary examination for a period of 18 months, and if it passes the examination, it will be announced immediately; 3. If an application for a patent for invention has passed the substantive examination within three years from the date of application, a patent certificate for invention shall be issued.

Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. Patent types have different regulations in different countries. The categories stipulated in China's patent law are: invention patents; Patent for utility model; Design patent.