1. Confirm the type of patent application;
2, search the same type of patent, you can search independently, you can also entrust an agency to conduct a more comprehensive search;
3. Prepare application documents and submit them to the application step;
4. get the admission notice;
5. Preliminary examination; In the case of an application for a patent for invention, the application for a patent for invention must first be examined in a confidential manner before the preliminary examination, and if it needs to be kept confidential, it shall be handled in accordance with the confidentiality procedures;
6. Publishing stage (especially invention patent application);
7. Substantive review; To conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law;
8. Authorization stage; After the utility model and design pass the fifth step of examination, they can directly enter the authorization stage.
legal ground
patent law of the people's republic of china
Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation. Article 10 The right to apply for a patent and the patent right may be transferred.
Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration. Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes. Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed between that country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority.
Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.