China National Intellectual Property Administration (Patent Office), directly under the State Council, is a national administrative institution, and its official employees belong to civil servants.
China National Intellectual Property Administration is the national bureau managed by the ministries and commissions of the State Council, managed by the State Administration of Market Supervision, and the administrative level is the deputy ministerial level.
The bureau is responsible for protecting intellectual property rights, promoting the construction of intellectual property protection system, registering trademarks, patents and geographical indications of origin, making administrative rulings and guiding the law enforcement of trademarks and patents.
1. To apply for a design patent, you need to prepare the six-sided appearance view of the product, fill in the application for a design patent together with a brief description of the design, and submit the application documents to the State Patent Office. After submitting the application, you can get the patent acceptance notice in about a week; About half a year later, the Patent Office issued the Notice of Granting Patent Right for Design and the Notice of Handling Registration Procedures. After paying the patent registration fee and annual fee, the license can be issued in about two months.
2. No matter whether it is a utility model patent or an invention patent, it is necessary to write a patent specification and submit it to the State Patent Office together with the patent application, and it is also necessary to submit two documents: a request for prior public declaration and a request for substantive examination. After submitting an application for a patent for utility model, you can get a notice of patent acceptance in about a week; About six to eight months, the patent office will issue a notice of granting the patent right for utility models and a notice of handling registration procedures; After paying the patent registration fee and annual fee, the license can be issued in about two months.
3. After submitting an application for a patent for invention, you can get a patent acceptance notice in about a week; After the application is submitted, the preliminary examination stage will be carried out. If it is qualified, the specification of the applied patent will be disclosed in advance according to the public statement, that is, it will enter the substantive examination stage; Those who pass the actual examination shall be issued a Notice of Granting Invention Patent Right and a Notice of Handling Registration Procedures. After timely payment, it will take about two months to issue the certificate. The application process of invention patent takes about three years.
2. What are the departments responsible for patent work?
1, the State Council Patent Administration Department (China National Intellectual Property Administration). Responsible for the management of national patent work; Accept and examine patent applications in a unified manner and grant patent rights according to law. The main responsibilities include: implementing the Patent Law and its detailed rules for implementation, studying the law enforcement functions of relevant patent administrative organs, supervising the implementation of various patent laws and regulations, and punishing illegal and infringing acts.
2. The Patent Reexamination Board of the State Intellectual Property Office. The State Council Patent Administration Department (China National Intellectual Property Administration) is composed of technical experts and legal experts, and accepts requests for patent reexamination and patent invalidation. Including:
(1) Review the request for reexamination of the decision of the Patent Office to reject the application, revoke or maintain the patent right;
(2) hearing the request for invalidation, etc.
3, the local administrative department of patent work. Refers to the departments for patent administration established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities divided into districts with heavy workload and strong practical handling capacity, and are responsible for patent administration within their respective administrative areas. Including: handling patent infringement disputes; Investigate and deal with acts of counterfeiting other people's patents and impersonating patents; Mediation of patent disputes.
4. National and local national defense patent institutions. The national defense patent institution is responsible for accepting and examining national defense patent applications. The competent department of science, technology and industry for national defense in the State Council and the General Armament Department of the People's Liberation Army in China are respectively responsible for the administration of national defense patents in local systems and military systems.
3. What are the types of patents?
Patent right refers to the right granted by the State Council Patent Administration Department (China National Intellectual Property Administration) to the applicant to exclusively exploit his invention and creation within a certain period of time.
Patents are divided into inventions, utility models and designs. An invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.
National defense patent refers to an invention patent that involves national defense interests, has potential impact on national defense construction and needs to be kept confidential.