Can the patent approval process be initiated by a client
A person can file the case on his behalf, but a power of attorney is required. Can handle it.
Patent approval process
Acceptance stage
The Patent Office will review the patent application after receiving it. If the acceptance conditions are met, the Patent Office will determine the application On the day, an application number will be given, and after the document list has been verified, a notice of acceptance will be issued to notify the applicant. If the application documents are not typed, printed or have unclear handwriting or alteration;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 applicant's name or name and address are missing from the request; or The type of patent application is unclear or cannot be determined, and foreign entities and individuals have not obtained a patent application from a foreign-related patent agency.Patent applications sent directly will not be accepted.
Preliminary examination stage
The accepted patent application shall be in accordance with If the application fee is required to be paid, the application will 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 initial review, the application must be examined for obvious flaws. The review mainly includes whether the content falls within the scope of not granting patent rights in the Patent Law, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether there is a lack of unity, whether the application documents are complete and whether the format meets the requirements.
If you are a foreign applicant, you must also conduct qualification review and application. Procedure 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 If the applicant fails to respond within the time limit, the application will be deemed to have been withdrawn.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, the preliminary examination will be issued Notification of Qualification. For utility model and design patent applications, in addition to the above review, it is also necessary to review whether they are obviously the same as existing patents and are 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.
Announcement 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 must wait until the expiration date of the application. Only then did we enter the public preparation process. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process.
After format review, editing and proofreading, computer processing, and typesetting After printing, the summary of the specification will be published in the Patent Gazette and a single copy of the specification will be published. After the application is published, the applicant obtains the right to temporary protection.
Substantive review stage
After the invention patent application is published, if the applicant has submitted a request for substantive examination and it has taken effect, The applicant enters the actual review process. If an invention patent application has not submitted a request for substantive examination within three years from the filing date, or if 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.
Those that are deemed not to meet the authorization conditions or have various If there are any defects, the applicant will be notified to state 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. If the application still does not meet the requirements after multiple replies, it will be rejected. 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. No refutation was found during the substantive examinationIf the reason is given, the authorization process will be entered according to regulations.
Authorization phase
Utility model and design patent applications were rejected after preliminary examination and invention patent applications were found to be rejected after substantive examination If there are any reasons, the examiner shall issue an authorization notice and the application shall be prepared for authorization registration. After reviewing the legal validity and completeness of the authorization text and proofreading and revising the bibliographic items of the patent application, the Patent Office shall issue an authorization notice and handle registration. After receiving the notice of formalities, the applicant shall complete the registration formalities and pay the prescribed fees within 2 months in accordance with the requirements of the notice. If the registration formalities are completed on time, the Patent Office will grant the patent right, issue a patent certificate, and register in the patent registration form. It shall be recorded in the book and announced in the Patent Gazette two months later. Failure to complete the registration procedures as required shall be deemed to have given up the right to obtain the patent right.If you still don’t understand, Legal Savior The website also provides online lawyer consultation services. You are welcome to consult on patents and we will answer your questions in a timely manner.
