1. Submit the application
Submit the patent application documents to the patent administration department of the State Council.
To apply for a patent for invention and utility model, the applicant shall submit the following documents: request, specification, patent claim, etc.
1). Request: A written document submitted by a patent applicant to the patent administration department of the State Council requesting the grant of a patent right for his invention or utility model. Can only be filled in Chinese.
2) Description: a declarative written document submitted by the patent applicant indicating the technical content of the invention or utility model.
3) Summary of the instruction manual: The summary of the contents disclosed in the instruction manual is only technical information and has no legal effect.
4) Claim: A written document submitted by the patent applicant to the patent administration department of the State Council to determine the scope of patent protection. It is the basis for judging whether others infringe patent rights and has direct legal effect. Claims can be divided into "independent claims" and "dependent claims".
2. Date of patent application
The date when the patent administrative department of the State Council 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.
If the postmark date is unclear, unless the parties concerned can provide proof, the date when the Patent Office receives the patent application documents shall be the date of patent application.
L if there is priority, the priority date is the application date.
3. First trial
Whether the application for a patent for invention has the necessary documents such as the request, specification, abstract and patent claim; Whether these documents conform to the prescribed format; Whether the invention for which a patent is applied is obviously an invention-creation that violates national laws, social morality or harms public interests; Whether the project applying for a patent obviously falls within the scope of the theme of not granting a patent right; Whether a foreign applicant who has no habitual residence or business office in China is qualified to apply for a patent in China and whether a designated patent agency has been entrusted; Whether the application for a patent for invention obviously does not meet the requirements of oneness; Whether the modification of the patent application documents by the applicant is obviously beyond the scope recorded in the original specification and claims; Whether the invention applying for patent obviously does not belong to the invention in the sense of patent law; Whether the applicant has paid the application fee, etc.
4. Publicity of the application. 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 at the expiration of 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.
Regarding the publication of patent applications, we should pay attention to:
(1) The time to publish the application is "from the date of application 18 months.
(2) Where a foreign applicant enjoys priority in an application for a patent for invention, the priority date shall be taken as the application date, and the patent application shall be published 18 months from the priority date. Otherwise, it will be published 18 months after the application in the State Council.
(3) Do not publish confidential patent applications.
5. Substantive examination is a legal procedure for the patent administrative department of the State Council to examine the novelty, creativity and practicality of the invention-creation for which a patent is applied. Under normal circumstances, the patent applicant shall make a request for substantive examination at any time within 3 years from the date of filing, and start the actual trial procedure. Under special circumstances, it shall be initiated by the patent administration department of the State Council. If the request for real trial is not made within the time limit without justifiable reasons, the patent application shall be deemed to have been withdrawn. If no reason for rejection is found after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right.
When the Patent Office deems it necessary, it may take the initiative to examine it.
Within 3 years from the date of filing, the Patent Office shall, upon the request of the applicant at any time, make a substantive examination of his application.
If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
6. Grant a patent right
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time.
The invention patent right shall take effect as of the date of announcement.
7. Patent reexamination and litigation
Re-examination of patent application: The Patent Office rejects the application, decides whether to re-examine it within 3 months, makes a request for re-examination and pays the re-examination fee, the Patent Re-examination Board decides whether to file a lawsuit with Beijing No.1 Intermediate People's Court within 3 months, and decides whether to appeal to Beijing High Court within 15 days.