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
Whether the application documents are complete;
Whether the form meets the standard;
Whether the fee is 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 invention 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.
(3) The authorized 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.
(4) The applicant can obtain a patent certificate after going through the registration formalities.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 24. An invention-creation for which a patent is applied for shall not lose its novelty in any of the following circumstances within six months before the date of filing: (1) It was first made public for the purpose of public interest under national emergency or special circumstances; (2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government; (3) It was first published at a specific academic conference or technical conference; (4) Others disclose the contents of the application without the consent of the applicant.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. 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.