Required documents and materials
(1) Relevant documents and materials
For example, prior patent documents, documents, periodicals, drawings, etc. Similar to or similar to the application project. When applying for a patent for invention in China, it's best to search for the patent in advance, otherwise the applied project will be easily rejected in the application review process.
(2) Written technical data
1, the technical field and application scope of the application project, and the technical measures, technical means, methods or ways to achieve the same or similar effects as the application project in the existing technology;
2. What technical problems need to be solved for the invention purpose of the application project?
3. Describe in detail the technical measures and characteristics to realize the invention purpose of the application project with words and drawings. For example, an application project is a product, and technical measures and technical features refer to the structure of the product, the connection, layout, relationship and function of each part in the application project, the combination mode and detailed dynamic mode of each part, the application project is a method, while technical measures and technical features refer to the process, process parameters and related details. In addition, at least one specific example of the applied project should be provided (the specific example here does not refer to the model or the physical object, but refers to the drawings and text descriptions showing the specific example. Only when the technical measures of the application project cannot be explained by drawings and words can models or objects be provided to explain the application theme).
The drawings provided shall be drawn on A4 paper with a carbon pen, and there shall be no words, border lines, dimension line and size labels on the drawings. All parts and components can be marked with numbers (1, 2, 3 ...), and the name of the part represented by each label should be written on another piece of paper.
4. The experimental data and results of the application project, or the phenomena generated in the experiment;
5. With specific examples and practical (trial) conclusions, objectively explain the advantages and disadvantages of the invention. If there is no experimental data or conclusion, the inventor shall objectively analyze the invention and infer the possible advantages and disadvantages of the invention;
6. Differences in technical characteristics between the application project and the existing technology considered by the inventor;
7. What the inventor thinks should be a technical secret.
Provisions on patent electronic application
Article 1 These Provisions are formulated in accordance with the provisions of Article 2 and Paragraph 2 of Article 15 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (hereinafter referred to as the Detailed Rules for the Implementation of the Patent Law) in order to standardize the relevant procedures and requirements of patent applications transmitted through the Internet and submitted in the form of electronic documents (hereinafter referred to as patent electronic applications), facilitate applicants to submit patent applications, improve the efficiency of patent examination and approval, and promote the construction of e-government.
Article 2 To file an electronic patent application, a user registration agreement for the electronic patent application system (hereinafter referred to as the user agreement) shall be signed with China National Intellectual Property Administration in advance.
A patent agency shall sign a user agreement with China National Intellectual Property Administration in the name of a patent agency to carry out patent electronic application agency business.
If the applicant entrusts a patent agency that has signed a user agreement with China National Intellectual Property Administration to handle the patent electronic application business, it is not necessary to sign a user agreement with China National Intellectual Property Administration separately.
Article 3 Where there are more than two applicants and no patent agency has been entrusted, the applicant who submitted the electronic application shall be the representative.
Article 4 Applications for patents for inventions, utility models and designs may be filed in the form of electronic documents.
An application for a patent that has entered the national phase in China according to the second paragraph of Article 101 of the Detailed Rules for the Implementation of the Patent Law may be submitted in the form of an electronic document.
These Provisions shall not apply to those who file an international patent application with China National Intellectual Property Administration in accordance with the first paragraph of Article 101 of the Detailed Rules for the Implementation of the Patent Law.
Article 5 Where the invention-creation for which a patent is applied involves national security or vital interests and needs to be kept confidential, an application for a patent shall be filed in writing.
After the applicant files a patent application in the form of an electronic document, if China National Intellectual Property Administration thinks that the patent application needs to be kept confidential, it shall turn the patent application into paper to continue the examination, and notify the applicant. The applicant shall submit various documents in paper form in the follow-up procedure.
According to Item (1) of Paragraph 2 of Article 8 of the Detailed Rules for the Implementation of the Patent Law, if an applicant directly applies for a patent in a foreign country or submits an international patent application to a relevant foreign institution, the applicant's request for confidentiality review and technical proposal to China National Intellectual Property Administration shall be made in paper form.
Article 6 The submission of electronic patent applications and related documents shall follow the prescribed file formats, data standards, operation specifications and transmission methods. If the electronic patent application and related documents are not normally received by China National Intellectual Property Administration Electronic Patent Application System, it will be deemed as not submitted.
Article 7 The applicant shall submit the relevant documents in the form of electronic documents when going through all the formalities of patent electronic application. Unless otherwise specified, China National Intellectual Property Administration does not accept the relevant documents submitted by the applicant in paper form. Do not conform to the provisions of this paragraph, as did not submit the relevant documents.
After a patent application is filed in paper form and accepted, the applicant may request that the paper application be converted into an electronic patent application, except for patent applications involving national security or vital interests that need to be kept confidential.
Under special circumstances, if an electronic patent application needs to be converted into a paper application, it can be converted into a paper application at the request of the applicant and with the approval of China National Intellectual Property Administration.
Article 8 When an applicant goes through all the formalities of applying for an electronic patent, he may submit the original electronic scanned copy of the relevant documents that should be submitted in the form of originals as stipulated in the Patent Law and its detailed rules for implementation or the patent examination guidelines. When China National Intellectual Property Administration deems it necessary, it may require the applicant to submit the original within a specified time limit.
Where the applicant requests to reduce or postpone the payment of various fees stipulated in the detailed rules for the implementation of the Patent Law when filing an electronic patent application and needs to submit relevant supporting documents, it shall submit an electronic scanned copy of the original supporting documents when filing a patent application. Failure to submit electronic scanning documents shall be deemed as failure to submit relevant supporting documents.
Article 9 All documents submitted to China National Intellectual Property Administration in the form of electronic documents shall be submitted on the day when the electronic patent application system of China National Intellectual Property Administration receives the electronic documents.
For electronic patent applications, all kinds of notices, decisions or other documents sent by China National Intellectual Property Administration to the applicant in the form of electronic documents shall be presumed as the date of receipt of the documents 15 days after the date of issuance of the documents.
Article 10 The provisions on patent applications and related documents in the Patent Law, its implementing rules and patent examination guidelines are applicable to patent electronic applications, except those specifically for patent applications and related documents submitted in paper form.
Eleventh these Provisions shall be interpreted by China National Intellectual Property Administration.
Twelfth the provisions shall come into force as of 20 10+ 10. On February 12, 2004, the Provisions on Electronic Patent Application issued by Decree No.35 of China National Intellectual Property Administration was abolished at the same time.
Process steps
Patent application is a legal procedure. If the inventor applying for a patent wants to obtain a patent right quickly and safely and obtain legal protection, he can entrust a patent agent of the Patent Office to provide you with legal and technical assistance. Once the inventor establishes the principal-agent relationship with the patent agent, the patent agent is your technical consultant and patent lawyer. Accurately speaking, a qualified patent agent will help the inventor to carry out the secondary development of the technology to be patented, such as mining alternatives. At the same time, the inventor needs to provide technical support to the agent and provide relevant information in time.
After establishing an agency relationship with a patent agent, the inventor shall provide detailed technical information necessary for writing patent documents according to the requirements of the agent; Detailed technical data include the purpose of invention and creation, the comparison between old and new technologies, the main technical features, the specific scheme to realize the purpose of invention and creation, and the attached drawings that can explain the purpose of invention and creation.
If the inventor can't draw drawings or provide necessary detailed technical data, he can directly dictate to the patent agent, and the patent agent can complete the whole process of patent application for you according to the inventor's invention intention until the patent right is obtained.
Procedures for entrusting a patent agency to apply for a patent
Entrusting a patent agency to apply for a patent generally goes through the following steps.
Consultation:
1, to determine whether the invention belongs to patentable content; For this consultation, it is recommended to consult several companies and compare them to determine the correct conclusion. Because at present, many information receptionists take commission, sometimes there will be inappropriate reply to the consultation for the business volume.
2, determine the invention content can apply for what kind of patent type (invention, utility model, design).
Sign an agency agreement
The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the contents of the applicant's inventions confidential.
technical disclosure
1. The applicant provides the patent agent with background information about the invention-creation or entrusts the retrieval of relevant contents;
2. The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.
Determine the application plan
On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and advise the applicant to withdraw the application with little possibility of patent authorization. At this time, the agency will charge a small amount of consulting fees, and most of the application agency fees will be returned to the applicant.
If the patent authorization has a bright future, the patent agent will put forward a clear application plan, scope and content of protection, and start preparing a formal application with the consent of the applicant.
Prepare application documents
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.
check
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Review conclusion
China Patent Office will authorize or reject the examination conclusion according to the examination results. Generally, this process takes about 6 months for design, 2 months for utility model 10- 12 months, and 2-4 years for invention patent. With the improvement of the examination efficiency of the patent office, the examination and authorization time of design and utility model is about 4-6 months.
Go through the formalities of patent registration or reexamination request:
If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain a patent certificate.
If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances.
At this point, the patent application process is over.