For applications that meet the acceptance conditions, the end point of the acceptance procedure is the acceptance notice issued by China National Intellectual Property Administration. Commitment is an important legal procedure. After the patent application is accepted, it will become a formal national application formally filed in China National Intellectual Property Administration from the date of acceptance, with at least the following legal effects: (1) After the application exists (that is, it has not been withdrawn, deemed to be withdrawn or rejected) or is made public, any applicant who applies for a patent for the same content after the filing date will be prevented from obtaining the patent right. (2) Regardless of the fate after the application is accepted, unless otherwise stipulated by law, the first application for inventions and utility models accepted within 12 months can be used as the basis for the applicant to claim foreign or domestic priority for another later application. Where a design applies to a foreign country for the same theme within six months, the application accepted for the first time can be used as the basis for applying for foreign priority. (3) the application documents of the application can be used as the basis for the applicant to obtain a copy of the application documents from the date of acceptance. The applicant may request China National Intellectual Property Administration to issue a copy of the application documents according to the prescribed procedures. (4) The application documents are the basis for the applicant to make amendments in the subsequent review procedures. That is, the applicant shall not modify the patent application beyond the scope recorded in the specification and claims at the time of acceptance, or beyond the scope of the design pictures or photos at the time of acceptance.
Legal basis:
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim 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.
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.