(1) invention patents and utility model patents
1. patent request;
2. claim;
3. Description;
4. Attached drawings of the specification (some inventions can be omitted);
5. Description summary;
6. Attached drawings (some inventions can be omitted).
(2) Design patent
1. request;
2. Design pictures or photos;
3. A brief description of the design.
Step 2: The Patent Office (agency) accepts it.
After preliminary examination by the Patent Office (agency), if it meets the relevant provisions of the Patent Law, a notice of acceptance will be issued, and the applicant will pay the application fee within the prescribed time limit.
Step 3: Examination and approval by the Patent Office
1. If the application for a patent for utility model and design is not rejected after preliminary examination, a notice of authorization for granting the patent right shall be issued, and the applicant shall go through the registration and payment procedures within the prescribed time limit and obtain a patent certificate. If the patent application documents need to be revised, a Notice of Correction shall be issued, and if they pass the correction, the patent right shall be granted; If it fails to pass the correction, the application shall be rejected.
2. Invention patents are divided into two stages: preliminary examination and actual examination. If the application has passed the preliminary examination, it may submit a request for substantive examination and pay the examination fee within 3 years from the date of application; If it is not submitted within the time limit, the application shall be deemed to have been withdrawn; If it needs to be revised after the preliminary examination, a Notice of Correction shall be issued. Those who pass the correction shall submit a written request for substantive examination and pay the examination fee. If it is still unqualified after correction, the application will be rejected. If the application for a patent for invention has passed the substantive examination, the patent right shall be granted, and the applicant shall go through the registration and payment procedures within the prescribed time limit and obtain a patent certificate; If it needs to be revised after substantive examination, a notice of correction shall be issued. Those who pass the amendment shall be granted a patent right. If it is still unqualified after correction, the application will be rejected.
Step 4: Review and litigation
If the patent applicant refuses to accept the decision to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination to the Patent Reexamination Board established by the patent administration department of the State Council. After reexamination, the reexamination board shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the reexamination board, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice.