China invention patent examination system

China's invention patent examination system is that after the State Patent Administration Department accepts the patent application, it conducts examination in accordance with the provisions of the State Patent Law. Where it complies with the provisions of the Patent Law, a patent right shall be granted. An invention patent is a new technical scheme for a product, method or its improvement, and its characteristic is that the invention is a new technical scheme. The Patent Reexamination Board examines not only the form of the patent application, but also its essence. This system can ensure the quality of approved patents, is conducive to the promotion and utilization of inventions, and reduces patent disputes and lawsuits. There are two types of examination systems. One is the immediate examination system, that is, the substantive examination of all patent applications in turn; The other is the delayed examination system, also known as the request examination system, that is, after the formal examination of the patent application, the substantive examination is carried out at the request of the applicant. China's patent law adopts a preliminary examination system for applications for patents for utility models and designs, and a deferred examination system for invention patents.

Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.

Application process of invention patent

Invention patent application process:

1, the applicant provides original technical data and personal or unit information;

2. Entrust a patent agency, sign an agency agreement, and write patent application documents that meet the requirements of the Patent Law; If necessary, search first;

3. Submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee as required;

4. After preliminary examination, the application for a patent for this invention will be published in the patent bulletin and website 18 months after the date of application; According to the requirements of the applicant, it may also be required to publish it in advance at any time within 15 months from the date of application;

5. Enter the stage of substantive examination (substantive examination): the applicant may file an application for substantive examination with the Patent Office at any time within 3 years from the date of application or after the patent application is made public, and must pay the patent substantive examination fee in accordance with the regulations;

6. After substantive examination, the patent conforms to the practicality, novelty and creativity of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee and certificate fee are paid in accordance with the regulations to obtain the invention patent certificate; The authorized invention patent will be published;

7. Where a prior application for a patent for invention is claimed, the relevant information of the prior application shall be provided.