Materials: patent request for invention, specification (if the specification has attached drawings, it shall be submitted), patent claim, abstract (if necessary, attached drawings) and other documents.
1. According to Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, documents such as the request, specification, abstract and patent right shall be submitted.
2. According to the provisions of Article 34 of the Patent Law, 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 publishes it after 18 months from the date of application.
3. If there is no reason for rejection after substantive examination or modification, and if there is no reason for rejection after substantive examination according to the provisions of Article 39 of the Patent Law, the administrative department for patent in the State Council shall make a decision to grant a patent for invention, issue a certificate of invention patent, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
Matters needing attention in patent application
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. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
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 technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.