The method of applying for a patent is as follows:
To apply for a patent, you first need to write a patent application document and record the technical contents that need to be protected, and then submit the application document to the Patent Office or its representative offices in various places. If it is an electronic application, you need to apply for a digital certificate from the Patent Office first, and then edit and submit the application documents with the CPC client.
Patents are mainly divided into invention patents, utility model patents and appearance patents. The latter two kinds of patent applications are simple, generally only need formal examination, while invention patents are more troublesome, generally with low authorization rate and long application period. First, it should be made public for 18 months, and then the substantive examination is mainly to see whether the invention is novel, creative and practical (hereinafter referred to as "three characteristics"). Specific examination is judged by professional examiners by searching in the database.
Article 3 of the Patent Law of People's Republic of China (PRC) * * * The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas. Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.