Materials needed for patent application:
1. To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the abstract, the appended drawings of the abstract (if applicable), the specification, the claims and the appended drawings of the specification (if applicable) in duplicate.
2. To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the abstract, the appended drawings of the abstract (if applicable), the specification, the claims and the appended drawings of the specification in duplicate.
3. To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs (color pictures or photographs shall be submitted if color protection is required) and a brief description of the design in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed.
The process of patent application:
1. Confirm the type of patent application.
2, search the same type of patent, you can search independently, you can also entrust an agency to conduct a more comprehensive search.
3. Prepare the application documents and submit them to the application step.
4. get the admission notice.
5. Preliminary review. (In the case of an application for a patent for invention, the application for a patent for invention must be examined in a confidential manner before preliminary examination. If confidentiality is required, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including
Including whether the contents of the review fall within the scope of not granting patent right in the patent law, whether the obvious lack of technical content can not constitute a technical scheme, whether it lacks oneness, whether the application documents are complete and whether the format meets the requirements. if
Foreign applicants must also go through qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. After the reply, it did not disappear.
Except for defects, it shall be rejected. Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above-mentioned examination, the application for patent for utility model and design also needs to be examined whether it is obviously in phase with the existing patent.
It is not a new technical scheme or a new design, and no reason for rejection was found after preliminary examination. Will directly enter the authorization instruction. )
6. Publishing stage (especially invention patent application). An application for a patent for invention is from.
The first-instance qualified notice will enter the publication stage. If the applicant does not make a request for publicity in advance, it will not enter the public preparation procedure until 15 months after the application date. If the applicant requests early disclosure, he will apply 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
You are entitled to temporary protection. Obtain patent authorization.
7, substantive examination (especially invention patents). Whether the patent application has novelty, creativity, practicality and other substantive contents stipulated in the patent law.
Conditions for a comprehensive review. After examination, it is considered that it does not meet the authorization conditions or there are various defects, and the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to be withdrawn.
If it still does not meet the requirements, the application shall be rejected. The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application.
If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required.
8. Authorization stage. After the utility model and design pass the fifth step of examination, they can directly enter the authorization stage.