1, search in advance:
The examiner will search every application for a patent for invention before examining it, with the purpose of finding out the comparative documents in the existing technology that are closely related or related to the application subject, so as to determine whether the application subject has novelty and creativity as stipulated in the second and third paragraphs of Article 22 of the Patent Law. Similarly, the applicant must search before writing the application documents, with the purpose of eliminating some novel topics, finding out the existing technologies that affect creativity, and strategically revealing the differences between the invention and these existing technologies, as well as the technical effects brought by introducing these differences, so as to actively avoid the examiner from asking creative questions during substantive examination. It is worth noting that the search scope should at least include patent documents in China, the United States, Europe, Japan and PCT patent databases, as well as papers and documents in domestic and foreign periodical databases.
Step 2 write application documents
To apply for a patent for invention, you need to submit a request, a specification (if there are drawings in the specification, the drawings shall be submitted), a patent claim, a summary of the specification and other documents. Generally speaking, the documents that affect the scope of patent protection are specifications and claims. The writing quality of these two documents is directly related to whether the application can be authorized and the scope of authorization. So when writing the application documents, you must be careful. Once the application is submitted, we can't add anything. Specific to the specification, it is necessary to disclose enough contents to the extent that those skilled in the art theoretically think it should not be impossible. For example, patents in the field of chemistry generally need to record the technical effect of the invention, otherwise it will cause insufficient disclosure and be rejected directly.
3. Submit application documents
After the application documents are prepared, submit the materials by mail or in person to the acceptance office of China National Intellectual Property Administration Patent Office, or in person to the agency of the provincial intellectual property office, and then wait for the acceptance notice.
4. Pay the patent application fee
After receiving the acceptance notice, pay the patent application fee and publishing and printing fee within the payment period (some still need to pay the priority claim fee and application surcharge). Fees can be paid directly to the Patent Office (including its agency) or remitted by post office or bank.
5. Submit a request for substantive examination.
The substantive examination procedure is usually initiated after the applicant makes a request. Therefore, if the applicant forgets to start the substantive examination procedure on the deadline, this patent application will be regarded as withdrawn. In addition, the applicant also needs to pay the substantive examination fee within the time limit.
6. Reply to the notice of review opinions
After substantive examination of an application for a patent for invention, if the examiner considers that the application does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, he shall issue a notice of examination opinions to the applicant, requiring him to state his opinions or amend the application within a specified time limit; At this time, the applicant needs to defend the patentability of the invention according to the examination opinions, or defend that the invention has met the relevant provisions of the Profit Law and its detailed rules after modifying the application documents. When replying to the review opinions, it is necessary to play cards according to the routine, combine patent regulations and evidence, and state them in legal language. You can't argue irrationally or even modify the application text at will. Notice issued by the examiner (notice of examination opinions, notice of case division or notice of submission of information, etc.). ) and the applicant's reply can be repeated many times until the application is granted a patent right, rejected, withdrawn or deemed withdrawn.
7. Go through the patent registration formalities
If a patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice, pay the patent registration fee, the annual fee for the authorization year and the printing fee for the announcement, and obtain a patent certificate.
8. Pay the annual fee
If it is necessary to keep the patent valid, the applicant must pay the annual patent fee on time. If you are not prepared to continue to use the patent to obtain benefits, you can stop paying the annual patent fee.