The success rate of patent application
Application accepted 1. Fill in and write patent application documents. Fill in and write patent application documents with specific requirements. Fill in or write an application by yourself or entrust a patent agency to handle it on your behalf. Although considering the importance of carefully writing patent application documents and the rigor of examination and approval procedures, it is not mandatory for China to entrust patents, but the experience application says that it advocates the China value of entrusted patents. 2. Patent application acceptance The patent office or the agency of each patent office accepts the patent application that meets the acceptance conditions and determines the applicant. 3. Pay the application fee. The application fee and its expenses shall be paid directly to the toll office of the Patent Office or the agency of the Patent Office or remitted through banks and post offices. At present, banks use electricity to pay royalties, while post offices use electricity to pay royalties. The post office or bank shall pay the patent fee in the form of money order, write down the application number or patent number, and require the bank or post office staff to remit the payment information in the postscript column by means of remittance for short. Post office staff should be required to complete the remittance. The whole mailing address includes postal code, and some information programs play an important role. The fee was sent to the patent office. Pay the application fee, submit the patent application documents, pay the application fee with the acceptance notice, pay the application fee by mail, pay the application fee with the acceptance notice receivable, and then pay the application fee. Pay the application fee with the corresponding application number, and the application fee will be postponed for two months from the application date. 5 patent examination and approval procedures include acceptance, preliminary examination and publication. The five stages of actual examination and authorization are three stages: examination and approval, publication, substantive examination, acceptance and preliminary examination and authorization of an application for a patent for utility model or design. 6. The patent application documents are mainly amendments and supplements, and the application for a patent for utility model or design is allowed to be amended within two months from the date of application; The application for a patent for invention is allowed to be submitted for substantive examination, and the patent application documents will be mainly revised within three months after receiving the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage. 7. Reply to all kinds of notices from the Patent Office (1), observe the reply time limit, and reply within the time limit. Notice of examination opinions refers to the category of problems, and replies one by one to supplement the examiner's opinions or modify the application according to the examination opinions; Agreeing with the inspector's opinion should state the opinions and reasons (2) the defects in format or procedure, and eliminate the defects; It is difficult to make up or modify the obvious substantive defects. Can this situation exist or belong to obvious substantive defects? Make a defense statement. (3) The application for a patent for invention or utility model is beyond the scope of the original specification and claims. The application for a patent for design is modified beyond the original picture or photo representation. The revised document shall be submitted in the prescribed format. (4) The reply shall be submitted in the prescribed format. Supplementary forms or procedures shall be submitted in the prescribed format. Use the supplementary book to modify the substance of the application, use the opinion statement to apply for the approval of the examiner's opinion to reply, and use 8 opinion statements. Failing to apply for withdrawal or resumption of the patent application within the time limit. The Patent Office will issue a notice of withdrawal and examine the reasons for the application. Within two months from the date of withdrawal of the notice, the patent office will request the restoration of the right and explain the reasons. You should submit a request for the restoration of rights, explain the reasons for the extension, pay the restoration fee, and complete the unfinished procedures. The registration of the patent right should be completed within two months. 9. After preliminary examination, the application for a patent for utility model design has not found any rebuttal reasons after substantive examination. The patent office issued a notice of authorization to handle the registration formalities, and a notice of authorization to apply for registration formalities. The notice shall go through the registration formalities and pay the prescribed fees within two months, and the patent office will issue a patent certificate after granting the patent right. Registration records and patent announcements shall be registered within the prescribed time limit as of the effective date of the announcement. 10 is regarded as giving up the right to obtain patent right. You should pay the registration fee and resubmit any document application. Patent registration fee (including announcement printing fee) authorization fee shall be paid according to regulations. Stamp duty: if there are more than two applications for invention patents, the application maintenance fee shall be paid. The authorization shall pay the corresponding fees according to the degree specified in the registration notice. The patent maintenance application shall be granted a patent right before the expiration of each degree. If the prepaid fee expires, the Patent Office will issue a notice of payment, informing the patentee to pay the late fee within six months from the date of expiration of the payable fee. If the payment period exceeds the prescribed time limit, the amount of the late fee will be calculated at 5% of the full fee for each month. The patent right that has not been paid or fully paid at the expiration of the period shall be terminated from the date when the payable fee expires. The termination of the patent right shall be terminated according to its original termination method: (1) The term expires: the invention patent right shall be maintained for 20 days from the date of application, and the utility model or design patent right shall be maintained for 10 day; (2) Termination due to non-payment: The Patent Office issues a notice of payment, informing that the application for payment of fees and late payment fees has not been paid or paid in full, and the patent right for late payment fees shall be terminated as of the expiration of the time limit. 13. From the date when the patent application is authorized, any entity or unit recognizes that the grant of the patent right conforms to the provisions of the patent customs, requests the declaration of the patent right, or requests the declaration of the patent right or its partial entry into force, and pays the fees in accordance with the regulations, and submits a request for declaration of effectiveness in duplicate, indicating the name of the patent requested to be declared effective. The patent number also indicates the decision on the patent validity request based on factual reasons and necessary evidence. Within three months from the date of any notification of acceptance, the Patent Office will bring a lawsuit to the people's court to decide the promulgation and entry into force of the law, and make a registration announcement to declare it effective. The patent right is considered to have existed from the beginning. The application process includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. According to the examination and approval procedures for patent applications for patent inventions: (1) In the acceptance stage, the patent office receives the patent application for examination, and if it meets the acceptance conditions, the patent office will determine the application number and verify that the drawings and pictures are not drawn in black ink with drawing tools, and the photos are blurred and altered; Or the application documents are complete; Or the request is missing the name and address details of the application; Or the patent application category is clear or confirmed, and the foreign unit directly sends the patent application for acceptance without going through the foreign-related patent China institution. (2) The patent application accepted in the preliminary examination stage shall pay the application fee as required. Before entering the preliminary examination stage, the application for a patent for invention must be kept confidential first, and it needs to be kept confidential. The preliminary examination shall be conducted in accordance with confidential procedures. The review mainly includes whether the content belongs to the patent right granted by the patent and whether there is an obvious lack of technical content to construct a technical case. Whether the application documents are complete and the format meets the requirements. If the foreign application is qualified, the Patent Office will notify the applicant to make corrections or make statements within the prescribed time limit. If the application is withdrawn after the reply, the defect has not been eliminated. If an application for a patent for invention has passed the preliminary examination, a notice of preliminary examination shall be issued. In addition to the above review, the application for a patent for utility model design will also review whether the new technology case or new design is obviously the same as the patent. After the preliminary examination, no rebuttal reason is found, and the authorization will be directly entered. Order (III) Publication stage The application for a patent for invention enters the publication stage after the first-instance qualified notice is issued. The application did not mention the public request in advance. It was not until the application was over 65438+August that it entered the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, the public application immediately enters the public preparation procedure. In March or so, the Patent Gazette published a summary of its instructions and a separate version of the instructions. The application was published and applied for immediate protection. (4) In the substantive examination stage, the application for publication of an application for a patent for invention has been submitted for substantive examination, and has been effectively applied for substantive examination. If the application is not submitted for more than three days, the application for real trial or the application for real trial is invalid, depending on whether the patent application is novel or creative during the withdrawal of real trial. Practicality and patent requirements: A comprehensive review of the substantive conditions reveals that there are various defects in meeting the authorization conditions or notifying the application. State opinions or propose amendments within the time limit. After reply, the application still meets the requirements. Compare the actual probation period with the situation that the application is not authorized within two days. Third, the application should be paid after each application maintenance fee is paid. The substantive examination of the application is regarded as withdrawal, and there is no reason to refute it. (5) The application for a patent for utility model design in the authorization stage has entered the authorization procedure as required. After substantial examination, the application for examination of the invention patent found no reason for rejection. The examiner shall issue an authorization notice to apply for authorization registration, make preparations for authorization registration, and review the integrity of the legal effect of the authorization text. The patent application shall be calibrated and revised. The Patent Office shall issue an authorization notice to go through the registration formalities, and the applicant shall go through the registration formalities according to the requirements of the notice within 2 months, and pay the prescribed fee to go through the registration formalities on schedule. The patent office shall grant the patent right in February, issue the patent certificate and record it in the patent register, which shall be regarded as giving up the patent right.