1. Determine the application type. According to the patent application submitted by the applicant, determine the type of patent application.
2. subject to review. According to the provisions of Article 40 of the Detailed Rules for the Implementation of the Patent Law, examine whether the patent application documents submitted by the applicant meet the acceptance conditions. If the conditions for acceptance are met, the application documents will enter the acceptance procedure. If it does not meet the acceptance conditions, it shall inform the applicant of the defects in its application documents and the basis for rejection. If the applicant can't eliminate the defects of the document at that time, the patent application document will not be accepted, and the document will be returned to the applicant without issuing an acceptance notice and making any marks on the application document; A notice of non-acceptance may be issued at the request of the applicant. At this time, the application documents will not be returned to the applicant, and will be treated as inadmissible procedures.
3. Confirm the date of receipt. Stamp the receiving article of the organization on the upper left of the request, indicating the date of receipt of the document.
4. Determine the date of application. The date of filing shall be determined in accordance with Article 28 of the Patent Law and Article 5 of the Detailed Rules for the Implementation of the Patent Law. At this time, the submission date is the application date, and the application date stamp is affixed to the request.
5. Determine the application number. According to the categories of patent applications, the application numbers are given in order. A digital tag and a bar code tag are used in the two requests.
6. Approve the request for fee waiver. According to the provisions of the Measures for Patent Fee Reduction and Exemption and the Review Guide published by China National Intellectual Property Administration, the request for fee reduction and exemption shall be reviewed, and the corresponding column of the patent request shall be sealed, indicating the review results. The contents of the review are:
(1) Formal review of fee waiver request. Check whether the indicated invention name and the applicant are consistent with the patent request, and whether the signature column has the applicant's signature or seal. If the name of the applicant is inconsistent with the invention or the request for fee reduction is not signed or sealed, the request for fee reduction shall not be approved.
(2) Review the reasons and evidence of cost reduction. The mitigation reasons stated by the applicant shall conform to the provisions of cost mitigation measures. If the certificate is not submitted, the reasons for mitigation are not explained, or the submitted certificate and reasons for mitigation do not meet the conditions for cost mitigation, the request for cost mitigation shall not be approved.
7. Verify the file. Verify the number of copies and pages of application documents and other documents according to the file list column on page 2 of the request. If it is found that the applicant has omitted or filled in the wrong items, or the documents listed in the document list have not been submitted, it shall be handed over to the applicant for confirmation and handled by the applicant. If the verification is correct, the "verification" chapter shall be affixed to the audit column of the Patent Office.
8. Verify the name of the invention. The invention name on the first page of the request shall be consistent with the name on the second page of the request and specification. If any inconsistency is found, the applicant shall be notified to make amendments. If it has not been modified, it shall indicate the situation in the audit column of the patent office.
9. Organize documents.
The application documents are divided into two parts. Among them, only one document submitted is concentrated in one set of documents, such as: fee waiver request, patent agency power of attorney, etc. , also known as the main document file, also known as the first set of files, the first set of files should be the clearest set. Another set of documents is called the second set of documents. Color pictures or photographs of an application for a patent for design shall be kept in the master file.
File classification. Two sets of documents shall be classified according to the following provisions.
Patent application documents for invention or utility model: patent request, abstract of specification, appended drawings of abstract, patent claim, specification, appended drawings of specification and other documents.
Application documents for design patent: request, picture or photograph, brief description and other documents.
Other documents are arranged as follows: request for fee reduction, proof of request for fee reduction, proof of non-service invention, pre-public statement, request for substantive examination, reference materials for substantive examination, power of attorney of patent agent, etc.
10. Collect acceptance data. The receiver prepares the data according to the data collection rules, and the entry personnel collects all the data in the request according to the data collection rules and proofreads the screen. Enter the data proofreading program after the screen proofreading is correct.
1 1. Check the data. Proofreaders should proofread the collected contents item by item as required, and correct the wrong data in time. After proofreading, prepare to print the notice.
12. Send an acceptance notice. Print two copies of acceptance notice, approval fee reduction notice or application fee payment notice, and proofread a single copy of the materials. One set of notices (including one page of acceptance notice, one page of fee waiver approval notice or one page of application fee payment notice) shall be submitted to the applicant, and the other set of notices and proofreading sheets shall be placed in the master file. The name of the examiner on each notice shall not use this code.
13. Packaging documents. Put the remaining application number stickers together with the main file file, and put two sets of application documents with the same application number in a file bag, and send them to the patent office after registration.
(2) Accepting patent applications.
1. Determine the application type. According to the patent application submitted by the applicant, determine the type of patent application.
2. subject to review. According to the provisions of Article 40 of the Detailed Rules for the Implementation of the Patent Law, examine whether the patent application documents meet the acceptance conditions. If the conditions for acceptance are met, the application documents will enter the acceptance procedure. Do not meet the acceptance conditions, in accordance with the procedures for not accepting.
3. Confirm the date of receipt. The letter of request is stamped with the acceptance terms of the organization and indicates the date of receipt.
4. Determine the date of application. According to the provisions of Article 28 of the Patent Law and Article 5 of the Detailed Rules for the Implementation of the Patent Law, the date of filing shall be determined, stamped with the seal of the date of filing and registered with the registration number. If the postmark date is unclear and illegible, the date received by the agency shall be the application date, and the "Unsolicited Postmark" shall be marked in the upper right corner of the request and an envelope shall be inserted in the application document. If the actual date of receipt of the document by the patent agency exceeds 15 days from the postmark date, it shall include the envelope in the application document.
5. Determine the application number. According to the types of patent applications, the application numbers are given in turn, and number stickers and bar code stickers are used in the two requests respectively.
6. Approve the request for fee waiver. See section 3. ( 1) 6.
7. Verify the file. Verify the number of copies and pages of application documents and other documents according to the document list column on page 2 of the request. In case of non-conformity, if the applicant omits or fills in the wrong items, it should be corrected. When modifying, the original record should be saved with the modification symbol. If the documents listed in the document list are not actually submitted, the corresponding position shall be stamped with the "Missing Items" chapter. After verification, the seal of "Verification" shall be affixed on the examination and approval column of the Patent Office.
8. Verify the name of the invention. The invention name on the first page of the request shall be consistent with the name on the second page of the request and specification. If it is inconsistent, it shall be indicated in the approval column of the requested patent office that "the requested name is inconsistent with the invention name of ...".
9. Organize documents. See section 3. ( 1) 9.
10. Collect acceptance data. See section 3. ( 1) 10.
1 1. Check the data. See section 3. ( 1) 1 1.
12. Send an acceptance notice. Print the acceptance notice, approval fee reduction notice or application fee payment notice in duplicate, and proofread the data. One set of notices is sent to the applicant by registered mail, and the other set of notices and proofreading sheets are put in the main document file. The name of the examiner on each notice shall not use this code. The notice issued shall be registered by the bureau for the applicant's enquiry.
13. Packaging documents. See section 3. (1) 13 Execute and store envelopes. Envelopes sent by the applicant should be stored in chronological order for future inquiry. The storage period is one year.
(3) Procedures for not accepting patent applications
The agency shall, after reviewing the acceptance conditions, reject the patent application documents that do not meet the acceptance conditions.
The receipt information shall be recorded, and the receipt Ri Zhang shall be stamped on the first page of the document. Then indicate the reasons for rejection on the cover of the original envelope, and send all the original application documents together with the envelope to the acceptance office of the patent office. At the same time, do a good job of posting and posting records for enquiry.
(4) Submit application documents and transmit data.
1. Print the list. Put the patent application documents that should be submitted together (not mixed with other documents), print the "List of Submitted Documents" in duplicate, one for the agency, and the other for the patent office with the application documents. The quantity in the document list should be consistent with the documents actually delivered.
2. Send patent application documents every day. A batch of patent application documents should be sent to the patent office acceptance office every working day by registered mail (parcels are not allowed). Patent application documents accepted on the first day should be sent on the second day. Each batch of patent application documents should be consistent with the number of transmitted patent application data and arranged in the same order for verification.
3. Accepted patent applications shall, in principle, complete data collection and proofreading on the same day. After sorting out and proofreading the patent application materials, they should be sent to the acceptance office of the patent office the next day. The data transmission time should be 8: 30- 16: 30 every working day.