When we apply for a patent, we need to consult the patent literature in this technical field and understand the existing technical scheme. When inquiring about patents, we will encounter various expressions citing patent documents, such as patent application number, patent publication number, patent number and so on. For the same patent, there will be different literature types (such as specifications) and different patent-related numbers and dates. These seem to be very puzzling. If we understand the relationship between them, their significance and the legal status of the patents they represent, we can better grasp them, so as to understand the different types of patents, the application process of patents and the current legal status of patents.
When filing a patent application, the patent application number is obtained. In the process of patent examination, different patent documents and corresponding submission numbers will be produced, which are divided into publication specification, patent specification and patent certificate in turn. The corresponding submission numbers are publication number, announcement number and patent number, and the corresponding dates are patent announcement date and authorization announcement date.
1 patent application classification and review process? 1. 1 Classification of patent applications Patent applications are divided into three categories according to their degree of innovation: invention patents, 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 technical scheme suitable for practical use for the shape, structure or combination of products.
Appearance design: refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of product and the combination of color, shape and pattern.
1.2 patent examination process China implements the system of early publication and delayed examination of invention patent applications; A preliminary examination system shall be implemented for applications for patents for utility models and designs. ?
1.2. 1 Preliminary examination process of invention patent (1): After receiving the application for invention patent, the Patent Office numbers the application number, and the corresponding date is the filing date. The Patent Office conducts a preliminary examination of the application, and if it is qualified, it will be published within 18 months from the date of application. The Patent Office may also publish its application at an early date upon the request of the applicant.
(2) Substantive examination: After the invention application is made public, the Patent Office will start substantive examination after receiving the applicant's request for substantive examination. After passing the substantive examination, the examiner will issue a notice of granting the patent right.
(3) Authorization: After passing the substantive examination, the examiner will issue a notice of granting the patent right.
1.2.2 review procedures for utility models and designs
(1) Preliminary examination: After receiving an application for a patent for invention, the Patent Office shall conduct a preliminary examination. After passing the preliminary examination, it shall be authorized and published.
(2) Authorization: After passing the preliminary examination, it will be authorized and published. Compared with the invention patent examination, the step of substantive examination is omitted.
2 patent documents and patent contribution number 2. 1 patent documents
Patent documents refer to all kinds of official publications published regularly after the patent application documents have been accepted and examined by the national patent authorities according to law. The so-called patent documents, in a narrow sense, refer to the patent specifications and claims published by the patent administrative department of the State Council; Patent literature in a broad sense also includes abstracts of instructions, patent bulletins, various retrieval reference books and legal documents related to patents.
In the process of patent examination, there are two kinds of patent documents in an application for a patent for invention: application public statement and authorization statement.
2.2 Patent contribution number?
The patent contribution number is represented by 9 Arabic numerals, including the application type number and serial number. The 1 bit in the patent contribution number indicates the application type number, and the 2-9 bits (* * * the 8th bit) are the document serial numbers, indicating the arrangement order of the document disclosure or announcement.
(1) Application type number
The application category number in the patent contribution number is represented by 1 Arabic numerals. The meanings of the numbers used are defined as follows:
1 stands for invention patent application; 2 represents an application for a patent for utility model; 3 denotes an application for a patent for design. The meaning of other Arabic numerals not included in the above-mentioned application category number when used as category number shall be stipulated separately by China National Intellectual Property Administration.
(2) Document serial number
The serial number of the patent contribution number is represented by eight consecutive Arabic numerals, and it increases in different serial numbers according to the first announcement of an application for a patent for invention or the first announcement of an application for a utility model or design. The announcement number of invention patent authorization follows the patent contribution number when the application for invention patent was first published.
The serial number of the patent contribution number is represented by eight consecutive Arabic numerals, and it increases in different serial numbers according to the first announcement of an application for a patent for invention or the first announcement of an application for a utility model or design. The announcement number of invention patent authorization follows the patent contribution number when the application for invention patent was first published.
(3) The joint use of the patent contribution number and the China country code CN, and the joint use of the China country code CN and the patent document type identification code do not constitute a part of the patent contribution number. However, in order to completely identify the publishing country of patent documents and publish or announce them in different procedures, China country code CN, patent contribution number and corresponding patent document category identification code should be used at the same time (see ZC 0008-2004 Standard for Patent Document Category Identification Code). The order of arrangement should be: country code CN, patent contribution number and patent document type identification code. If necessary, you can use 1 single-byte spaces between the country code CN and the patent contribution number, the patent contribution number and the patent document type identification code respectively.
As follows:?
CN XXXXXXXXX A？ CN XXXXXXXXX B？ CN XXXXXXXXX C？ CN XXXXXXXXX U？ CN XXXXXXXXX Y？ CN XXXXXXXXX S
The meaning of letters in the category identification code of patent documents;
Disclosure of application for invention patent
Announcement of invention patent authorization
Announcement that the patent right for invention is partially invalid
U utility model patent authorization announcement
Y announcement of partial invalidation of utility model patent right
Announcement of patent authorization for design or announcement of partial invalidation of patent right?
Table 1 China invention patent application number and patent contribution number and their significance
Table 2 Number, significance and corresponding date of utility model application and examination in China.
The same patent has the same patent number and patent application number. The number of patent documents is the same, that is, the WeChat official account is the same as the announcement number, but the identification code of patent documents is different. ?
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