Legal analysis: 1. The applicant should submit patent application documents to the Patent Office of the State Intellectual Property Office. 2. After the Patent Office of the State Intellectual Property Office accepts the application, an application fee needs to be paid. 3. The Patent Office will conduct a preliminary examination. The patent right will be granted after the utility model or design passes the preliminary examination. If the invention patent passes the preliminary examination, the applicant must submit a written application for substantive examination to the Patent Office within three years from the application date. After passing the qualification, the patent right will be granted.
Legal basis: Article 26 of the Patent Law of the People's Republic of China
To apply for an invention or utility model patent, a request, description and abstract must be submitted and claims and other documents.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection required.
For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application documents; if the applicant cannot explain the original source, the applicant shall state the reasons.