1. Preliminary inspection. The patent administration organ shall find out whether the application meets the requirements of the patent law on the form of application.
2. Pre-publicity. After receiving an application for a patent for invention, the Patent Office, after preliminary examination, finds that it meets the requirements, and shall publish it 18 months after the date of application. The Patent Office may publish its application at an early date upon the request of the applicant.
3. Substantive review. An application for a patent for invention may, at the request of the applicant, be examined in substance at any time within 3 years from the date of filing; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When the Patent Office deems it necessary, it may examine the application for a patent for invention on its own.
4. Announcement of authorization registration. If the application for a patent for invention is not found rejected after substantive examination, the Patent Office shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
specific/concrete plan
1. After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
2. Within three years from the date of application, the patent administration department of the State Council may, at the request of the applicant, conduct a substantive examination of the application at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
3. When requesting substantive examination, the applicant for a patent for invention shall submit the reference materials related to his invention before the filing date.
Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
4. After substantive examination of the application for a patent for invention, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
5. If an application for a patent for invention still does not conform to the provisions of this Law after the applicant has stated his opinions or made amendments, it shall be rejected.
6. If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention to the applicant, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
7. The patent administrative department of the State Council shall set up the Patent Reexamination Board. If the patent applicant refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may file a request for reexamination with the Patent Reexamination Board within three months from the date of receiving the notice. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.
If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Examination and approval of utility model and design patents
If the application for a patent for utility model or design is not rejected after preliminary examination, the Patent Office shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
take a reexamination
China National Intellectual Property Administration established the Patent Reexamination Board. If the applicant for a patent refuses to accept the decision of the Patent Office to reject the application, he may, within 3 months from the date of receiving the notice, request the Patent Reexamination Board for reexamination. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice.
After the invention-creation is granted a patent right, any unit or individual may apply for invalidation of the patent right if it finds that it does not conform to the relevant provisions of the Patent Law from the date of patent authorization. To request invalidation of a patent, an application and relevant documents must be submitted to the Patent Reexamination Board in accordance with the law, and the reasons must be explained. If the Patent Reexamination Board considers that the request complies with the law, it shall make a decision to declare the patent invalid or maintain the patent right in accordance with legal procedures. If a party refuses to accept it, he may bring a lawsuit according to law.
After the patent right is declared invalid, the patent right shall be regarded as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the judgments and rulings of patent infringement made and executed by the people's court before the patent right is declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation. If the patentee or patent assignor fails to return the patent royalty or patent assignment fee to the licensed patentee or patent assignee in accordance with the above provisions, which obviously violates the principle of fairness, the patentee or patent assignor shall return all or part of the patent royalty or patent assignment fee to the licensed patentee or patent assignee.