The invention patent application process steps are as follows:
1, patent acceptance stage. After receiving the patent application, the Patent Office will examine it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after verifying the list of documents, issue an acceptance notice to inform the applicant.
2. Preliminary stage. After accepting a patent application, if the application fee is paid in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in secrecy, and if confidentiality is necessary, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious deficiencies in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant patent rights, whether the obviously lacking technical contents cannot constitute a technical scheme, whether there is a lack of oneness, whether the application documents are complete and whether the format meets the requirements.
3. Announcement stage. The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant doesn't ask for disclosure in advance, he can't enter the public preparation procedure until 18 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette and a brochure was published. After the application is published, the applicant has the right to temporary protection.
4. Substantive review stage. After the publication of the application for a patent for invention, the applicant will enter the substantive examination procedure if the request for examination has come into effect. If the applicant fails to make a request for substantive examination within three years from the date of application, or the request for substantive examination fails to take effect, the application shall be deemed to have been withdrawn.
5. Authorization stage.
legal ground
patent law of the people's republic of china
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.