The patent administrative department of the State Council is responsible for accepting and examining patent applications and granting patent rights according to law. To apply for a patent for invention or utility model, a request, specification, abstract, patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other information. After accepting an application for a patent for invention, if it meets the statutory requirements after preliminary examination, it shall be published 18 months after the date of application. The date of receipt of the patent application documents shall be the filing date. The intellectual property offices of the people's governments at or above the provincial, prefectural and municipal levels may accept patent applications in their own regions or entrust patent agencies to handle them. The local patent administration department is responsible for determining whether the infringement of patent rights is established and investigating the counterfeiting of patent rights.
The basic concept of patent:
1. Definition of patent: patent refers to the exclusive right granted by the state to the inventor within a certain period of time;
2. Patent types: including invention patents, utility model patents and design patents;
3. Patent requirements: the invention is required to be novel, creative and practical;
4. The function of patent: encourage innovation, protect the inventor's intellectual property rights, and promote technological progress and economic development;
5. Validity period of patent: The validity period of invention patent is usually 20 years, and the validity period of utility model and design patent is usually 10 year.
To sum up, the patent application should go to the patent administration department in the State Council, and the patent administration department in the State Council is responsible for accepting and examining the patent application and granting the patent right according to law. To apply for a patent for invention or utility model, the relevant documents shall be submitted, including the request, specification, abstract and claims. The intellectual property offices of the people's governments at or above the provincial level can also accept patent applications in their own regions, and the local patent administration department is responsible for determining whether the infringement of patent rights is established and investigating and dealing with patent counterfeiting.
Legal basis:
patent law of the people's republic of china
essay
The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.