1, writing patent application documents.
The application documents shall be in the format uniformly formulated by the Patent Office. These forms can be downloaded from the China National Intellectual Property Administration website.
(1) To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the abstract of the specification (if necessary, the appended drawings of the abstract shall be submitted), the patent claim and the specification (if necessary, the appended drawings of the specification shall be submitted).
(2) To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the abstract of the specification and its drawings, the claims, the specification and its drawings.
2. Apply to China National Intellectual Property Administration for patent application documents.
The applicant shall submit a patent application in electronic or written form. ?
(1) Where an applicant applies for a patent in the form of an electronic document, he shall go through the registration formalities of the electronic applicant in advance and submit the application documents and other documents to the Patent Office through the electronic patent application system of the Patent Office. ?
(2) Where the applicant applies for a patent in written form, the application documents and other documents can be submitted to the reception window of the Patent Office or mailed to the reception office of the China National Intellectual Property Administration Patent Office (hereinafter referred to as the reception office of the Patent Office), or submitted to the reception window of the local patent office agency or mailed to the agency of the China National Intellectual Property Administration Patent Office.
3. After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions. If the acceptance conditions are not met, a notice of rejecting the file will be issued.
4. The applicant shall pay the application fee within two months from the date of application or within 15 days from the date of receiving the acceptance notice. Pay the application fee with the corresponding application number and necessary payment information.
5, the patent office to review the application documents.
The examination and approval procedure of an application for a patent for invention mainly includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. The examination and approval procedure of an application for a patent for utility model or design mainly includes three stages: acceptance, preliminary examination and authorization.
6. The applicant responds to various notices from the Patent Office.
The reply shall be submitted in the prescribed format. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying.
7. Go through the patent registration formalities after examination and approval.
Where an application for a patent for utility model or design has undergone a preliminary examination and an application for a patent for invention has undergone a substantive examination, and no reason for rejection has been found, the Patent Office shall issue a notice of authorization and a notice of registration.
After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities according to the notification requirements within two months.
Extended data:
After the patent application is granted the patent right, the patentee shall pay the annual fee for the next year before the expiration of the previous year. If the annual fee is not paid or paid in full at the expiration of the time limit, the patentee may pay it within six months from the date when the annual fee should be paid, and at the same time pay the late fee according to the overdue time. If the annual fee and late payment fee are not paid or the amount paid is insufficient, the patent right shall terminate at the expiration of the previous year.
According to the provisions of Article 10 of the Measures for the Reduction and Exemption of Patent Fees (Cai Shui [2016] No.78), if the patent applicant or patentee meets one of the following conditions, he may request China National Intellectual Property Administration to reduce or exempt some patent fees:
1, individuals whose average monthly income in the previous year was less than 3,500 yuan (42,000 yuan per year);
2. Enterprises with taxable income of less than 300,000 yuan in the previous year;
3, institutions, social organizations, non-profit scientific research institutions. Where two or more individuals or units are the same patent applicant or patentee, they shall abide by the provisions of the preceding paragraph respectively.
The patent applicant or patentee may request to reduce the following patent fees: application fee (excluding publication and printing fee and application surcharge), substantive examination fee for an application for a patent for invention, annual fee and reexamination fee for six years from the date of being granted the patent right.
According to the Patent Law of People's Republic of China (PRC)
Article 42? The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.
Article 43? The patentee shall pay the annual fee from the year when the patent right is granted.
Article 44? In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
(a) failing to pay the annual fee in accordance with the provisions;
(2) The patentee waives his patent right in writing.
Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.
China National Intellectual Property Administration-Introduction of Patent Application Approval Procedure