The specific process of patent application is as follows:
1, the inventor filed a patent application;
2. Accepted by China National Intellectual Property Administration;
3. The applicant pays the application fee;
4. Classification of patent offices;
5. Preliminary examination;
6. After the invention is qualified, the applicant shall submit a request for substantive examination in writing within three years from the date of application;
7. Those who pass the substantive examination shall be granted a patent right and obtain a patent certificate.
People's Republic of China (PRC) Patent Law Article 2 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 practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns. Article 20 The application for patent and the exercise of patent right shall follow the principle of good faith. Do not abuse the patent right to harm the public interest or the legitimate rights and interests of others.
Abuse of patent rights, exclusion or restriction of competition, which constitutes a monopolistic behavior, shall be dealt with in accordance with the Anti-Monopoly Law of the People's Republic of China. Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.