The specific process is as follows:
1, the first thing is to pass the preliminary examination. After submission to the Patent Office, there will be an acceptance notice with the patent number on it, which will enter the preliminary examination stage after submission;
2. After passing the preliminary examination about six months from the date of filing, the patent will be made public, and then it will enter the actual trial. The actual trial time depends on the specific review;
3. After entering the actual trial, the applicant may file an application for actual trial with the Patent Office at any time within 3 years from the date of application, or file an application for actual trial after the patent application is made public, and pay the application fee for actual trial in accordance with regulations.
Domestic and foreign applicants can file three kinds of patent applications with the China Patent Office:
1, invention patent;
2. Patent for utility model;
3. Application for patent for design.
Inventions and utility models are applications for technical improvement, and applications for invention patents can protect product and method inventions; The application for a patent for utility model does not protect the method invention, but only protects the product and the improvement of its structure; An application for a patent for design only protects the appearance, shape, pattern or their combination and the combination with color of the product. Invention patents are granted for a long time, usually three to five years, but the granted patents are highly stable due to the need for substantive examination procedures; Patents for utility models and designs do not need to go through substantive examination procedures, so they can be granted quickly. Generally speaking, the utility model can be authorized within six to twelve months from the date of application, and the design can be authorized within about six months from the date of application.
Legal basis: Article 11 of the Patent Law of People's Republic of China (PRC).
After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.