Biaomei understands that the examination and approval procedures of the invention patent application process mainly include three stages: acceptance, preliminary examination and authorization. The examination and approval procedure for an application for a patent for invention has added two stages: publication and substantive examination.
1. Acceptance stage of invention patent application
After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number, and issue a notice of acceptance and a notice of payment to the application that meets the acceptance conditions.
If the acceptance conditions are not met, a notice of rejecting the file will be issued.
The applicant shall pay the application fee within two months from the date of application or within 15 days from the date of receiving the acceptance notice.
After paying the application fee, the patent application will enter the next step.
Note: Failure to pay the application fee within the time limit shall be deemed as withdrawal of the application;
2. Application for a patent for invention 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.
Publishing stage (invention patent)
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will be published after 18 months from the date of application.
Where the applicant requests to publish in advance, the Patent Office may publish its application as soon as possible according to the applicant's request.
After the application is published, the applicant has the right to temporary protection.
After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure.
If the applicant for an application for a patent for invention fails to make a request for real trial within three years from the date of application, or the request for real trial does not take effect, the application shall be deemed to have been withdrawn.
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Invention patent application process invention patent application