2. Preliminary screening: After receiving the application, the patent administrative department of the State Council conducts preliminary screening to ensure that the application documents meet the basic requirements of the Patent Law. The application that meets the requirements will be made public after 18 months from the date of application, and the applicant may request to make it public in advance if necessary.
3. Substantive examination: Within three years from the date of application, the applicant may take the initiative to request the patent administration department of the State Council to conduct substantive examination. In addition, the patent administration department has the right to independently initiate substantive examination when it deems it necessary.
4. Authorization registration: After the substantive examination is passed, the patent administrative department of the State Council will make a decision to grant the invention patent right and issue a patent certificate. At the same time, the relevant information will be registered in the patent register and announced to the public, and the invention patent right will take effect from the date of announcement.
5. Reject the application: If the substantive examination finds that the patent application does not conform to the provisions of the Patent Law, the patent administration department in the State Council will reject the application after listening to the opinions of the applicant or making amendments. Applicants have the right to defend themselves and give feedback in this process.
6. Re-examination: For the rejected patent application, the applicant may file a request for re-examination with the Patent Re-examination Board. The reexamination board will reexamine the patent application and provide the applicant with a second appeal.
7. Invalid application: after the patent is granted, any unit or individual may file an invalid application with the Patent Reexamination Board if it thinks that the grant of the patent violates the patent law.
8. Administrative litigation: No matter whether they are dissatisfied with the reexamination decision or disagree with the invalidation of the patent, the parties can bring a lawsuit to the people's court to safeguard their rights and interests through legal channels. Bring a suit in a people's court within three months from the date of receiving the notice.
The above is the introduction of "the process and steps of individual patent application", and I hope it will help you.