Generally, obtaining a patent right goes through nine steps: application-preliminary examination-preliminary publicity-request for substantive examination-substantive examination-announcement-objection-examination-approval.
Patent applications include inventions, utility models and designs. The specific steps of applying for individual patent are as follows:
1. When citizens apply for a patent for invention or utility model, they need to submit application documents such as design specifications, patent applications, abstracts and claims.
2. When citizens apply for a patent for design, they need to submit design pictures, patent application letters and design description documents.
I can submit an application to the Patent Office myself or entrust an intellectual property agency to submit a patent application. The patent office accepts and examines the application within a certain period of time, and the relevant staff members examine the invention patents that need substantive examination. After the examination and approval, the Patent Office will issue a notice of authorization, and the applicant will go through the registration formalities within two months. After completing the relevant procedures, the Patent Office will issue a patent certificate.
Utility model and design patents usually enter the public notice directly without preliminary publicity and substantive examination. Applying is the first step. To apply, you should fill out an application form and submit it to the patent office. If the Patent Office considers that it meets the requirements, it shall accept it. After preliminary examination, it can be made public as soon as possible, and the contents of the application will be published in the patent gazette within 18 months from the date when the applicant submits the application for free reading by the public. The patent office granted temporary protection to this patent application.
Second, the problems that should be paid attention to when applying for a patent
Patent application is a prerequisite for obtaining patent right. When applying for a patent, we should pay attention to the following aspects:
1. To apply for a patent for invention or utility model, the applicant shall submit a request, a specification and its abstract, a patent claim and other documents. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters.
2. 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 abstract shall briefly explain the technical points of the invention or utility model. The patent claim shall be based on the specification and indicate the scope of patent protection. To apply for a patent for a design, the applicant shall submit a request, a picture or photograph of the design and other documents, and shall specify the product and its category in which the design is used.
4. The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date. An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or 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, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.
5. Where an applicant files an application for a patent for an invention or utility model with the same theme with the Patent Office within 12 months from the date when the invention or utility model was first filed in China, he may enjoy priority. Where the applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.
6. An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application. The applicant may withdraw his patent application at any time before being granted the patent right. The applicant may modify his patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs.
7. Invention patent refers to the patent granted by proposing a new solution to the existing technical problems arising from creative activities. An inventor may apply to the Patent Office for a patent for invention according to law. Therefore, it is necessary to fill in an application for a patent for invention.
Patent application: An invention-creation must be submitted by the applicant to the competent government departments (in China, it refers to People's Republic of China (PRC) and China National Intellectual Property Administration), and the patent right can only be obtained after being approved by People's Republic of China (PRC) and China National Intellectual Property Administration according to legal procedures. In China, inventions include three types, namely inventions, utility models and designs. In the application stage, they are called application for invention patent, application for utility model patent and application for design patent respectively. After being authorized, they are called invention patent, utility model patent and design patent respectively. At this point, the applicant is the patentee of the corresponding patent.
legal ground
Article 26 of the Patent Law of People's Republic of China (PRC)
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
Article 34
After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.