Are there any differences in the procedures for patent application in different regions?
In our country, there is no need to apply for a patent due to differences in regions. The procedures are different, so no matter which city you apply for a patent in, the national unified application procedures apply.
Procedure of applying for a patent
(1) Acceptance stage
The Patent Office will examine the patent application after receiving it. If the acceptance conditions are met, the Patent Office will determine the application date, give the application number, and after verifying the document list, issue an acceptance notice to notify the applicant. If the application documents are not typed, printed or illegible, or have been altered; or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred or altered; or the application documents are incomplete; or the request is missing The applicant's name and address are unknown; or the patent application category is unclear or cannot be determined; and patent applications submitted directly by foreign entities and individuals without a foreign-related patent agency will not be accepted.
(2) Preliminary examination stage
After an accepted patent application, the application fee must be paid in accordance with regulations , automatically enter the preliminary review stage. Before the preliminary examination, the invention patent application must first undergo a confidentiality review. If confidentiality is required, it shall be handled according to confidentiality procedures.
In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the content of the examination falls within the scope of not granting patent rights in the Patent Law, and whether there are obvious deficiencies. The technical content cannot constitute a technical solution, whether it lacks unity, whether the application documents are complete and whether the format meets the requirements. If you are a foreign applicant, you will also need to undergo a qualification review and application procedures review. If the application is unqualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit. If the applicant fails to respond within the time limit, the application will be deemed to have been withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. If the invention patent application passes the preliminary examination, a preliminary examination passing notice will be issued. Specialized in utility model and appearance designIn addition to the above-mentioned examination, a patent application must also be examined to see whether it is obviously the same as an existing patent and is not a new technical solution or new design. If no reason for rejection is found after the preliminary examination. Will go directly to the authorization order.
(3) Publication stage
The invention patent application enters the publication stage from the issuance of the preliminary examination qualification notice. , if the applicant does not make a request for early disclosure, it will not enter the disclosure preparation process until 15 months from the date of application. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette and a single volume of the specification will be published in the Patent Gazette about three months later. After the application is published, the applicant obtains the right to temporary protection.
(4) Substantive examination stage
After the invention patent application is published, if the applicant has submitted substantive If the review request has taken effect, the applicant will enter the actual review process. If the applicant has not submitted a request for substantive examination within a year from the date of application, or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
During the actual examination, a comprehensive review will be conducted on whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the conditions for authorization are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn, and the application still does not meet the requirements after multiple replies. , be dismissed. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn.
If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
(5) Authorization stage
Preliminary review of utility model and design patent applications and invention patents If no reason for rejection is found after substantive examination of the application, the examiner will issue an authorization notice, and the application will be prepared for authorization registration. After reviewing the legal validity and completeness of the authorization text, and proofreading and modifying the bibliographic items of the patent application, the Patent Office will After issuing the authorization notice and registration formalities notice, the applicant shall complete the registration formalities and pay the prescribed fees within 2 months after receiving the notice. If the registration formalities are completed on time, the Patent Office will grant the patent right. A patent certificate is issued, recorded in the patent register, and published in the patent register 2 months later.It is announced in the gazette that failure to complete registration procedures as required will be deemed to have given up the right to obtain patent rights.
(6) Reexamination stage
The patent reexamination procedure is when the patent application is rejected, the applicant a means of relief. According to the provisions of Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines reexamination requests and makes decisions. Reexamination request cases include cases in which a person is dissatisfied with the decision to reject a patent application in the preliminary examination and substantive examination procedures and requests for patent reexamination. Only the patent applicant has the right to initiate the patent reexamination procedure, and must submit it to the Patent Reexamination Committee of the State Intellectual Property Office within 3 months of receiving the rejection notice.
(7) Patent invalidity
The legal consequence of invalidating a patent is that the invalidated patent The right is regarded as non-existent from the beginning. Anyone who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit in the People's Court within three months from the date of receipt of the notice.
The decision to declare the patent right invalid has been fulfilled or enforced for the judgment or ruling on patent infringement made by the people's court before the patent right was declared invalid and has been executed. Decisions on handling patent infringement disputes, as well as patent implementation licensing contracts and patent rights transfer contracts that have been performed, do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.
Through the editor's introduction, I believe everyone has a certain understanding of this issue. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. Welcome You consult with a lawyer on this website.
