Application process of invention patent
1. Application phase
The application documents for a patent for invention shall include:
The request for a patent for invention, the specification (if there are drawings in the specification, the drawings of the specification shall be submitted), the patent claim, and the abstract (if necessary, there shall be drawings in the abstract). Where a patent agency is entrusted, a power of attorney shall be submitted.
To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage
(1) Preliminary review:
After receiving an application for a patent for invention, the Patent Office shall conduct a preliminary examination. After passing the preliminary examination, it will be published from the date of application 18 months later. The Patent Office may also publish its application at an early date upon the request of the applicant.
Preliminary examination, main verification
① Whether the application documents are complete;
(2) Whether the form meets the standard;
③ Whether the expenses are paid. In the preliminary examination, the Patent Office will issue a notice of correction for the above matters, and the applicant will make corrections.
(2) After the application for substantive examination of the invention is made public, the Patent Office will start substantive examination after receiving the applicant's request for substantive examination. The examiner issues a notice of examination opinions, evaluates the novelty, creativity and practicability of the application, and points out the substantive defects in the application documents. The applicant shall reply to the examination opinions and modify the application documents when necessary.
If the applicant's reply overcomes the examination opinions, the examiner will issue a notice of granting the patent right.
If the applicant's reply does not overcome the examination opinions, the examiner will issue a notice of examination opinions or a notice of rejection again.
Step 3 ratify
The applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, authorized annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can obtain a patent certificate after going through the registration formalities.
The time to apply for a patent cannot be generalized. As long as the application process is completed, it is the time to obtain a patent. Therefore, the time to apply for a patent will vary according to the smooth progress of the case.
Legal basis:
patent law of the people's republic of china
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the 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.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.