How is the application for an invention patent approved?
1. Acceptance
According to the provisions of the Patent Law, units or individuals that need to apply for invention patents shall apply to the state The Patent Office shall submit clear, complete, and accurate documents such as the request, description, abstract, and claims. If the applicant mistakenly submits the application documents to other agencies, units or individuals, it will have no legal effect in the patent approval process.
For applications that meet the acceptance conditions, the National Patent Office will accept them and enter the approval process. After the acceptance process is completed, an acceptance notice will be issued to the applicant. For applications that meet the conditions for acceptance, the National Patent Office will determine the filing date, give an application number, and after verifying the document list, issue an acceptance notice, pay the application fee, and notify the applicant. Applications that do not meet the acceptance requirements will not be accepted.
2. Preliminary review
If the patent applicant pays the application fee within the specified date, the patent application will automatically enter the preliminary review stage. At this stage, the National Patent Office will conduct a formal examination of the application. For unqualified applications, the National Patent Office will issue a correction notice. Failure to respond within the time limit will be deemed to have been withdrawn. If the defect is still not eliminated after the applicant has made corrections and modifications, the application shall be rejected. For qualified applications, the Patent Administration Department of the State Council will issue a preliminary examination qualified application form and the review will enter the next stage.
3. Announcement
The "Patent Law" stipulates that after the National Patent Office receives an invention patent application, it shall, after preliminary examination, determine that it complies with thisIf required by law, the application will be published immediately after 18 months from the date of application (or the date of priority if there is priority). The National Patent Office may publish the application as early as possible upon the request of the applicant. If the application is requested to be published in advance, it will generally be published after passing the preliminary examination.
Why should we apply for early announcement?
1. The applicant can receive the right to temporary protection as soon as possible, bring the invention to the market as soon as possible, and find a suitable buyer. Require the unit or individual who implements the invention to pay fees. After the application is published, the content recorded in the application becomes part of the prior art.
2. The applicant can obtain a period of time as long as possible to listen to market and public opinions before submitting a request for substantive examination, so as to be able to determine Whether to file a request for substantive examination.
4. Practical review
After the preliminary review is announced, the applicant must apply for substantive review and pay relevant fees within the specified time, and the application will enter the actual application process. However, if three years have passed from the date of application and the applicant has not submitted a request for substantive examination or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
If, after conducting a substantive examination of an invention patent application, the State Patent Office deems that it does not comply with the provisions of the Patent Law, it shall notify the applicant and require him or her to If you state your opinions or make modifications to your application within the specified time limit, and fail to respond within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
5. Authorization
If the invention patent application is substantively examined and no reason for rejection is found, the National Patent Office will issue an authorization notice and a registration formalities notice, notifying the applicant to complete the procedures and pay relevant fees. If the applicant completes the registration procedures and pays the fee within the specified period (usually 2 months), the National Patent Office will handle the registration and issue a patent certificate. The invention patent right will take effect from the date of announcement. Failure to complete registration procedures as required, or failure to complete registration procedures within the time limit, shall be deemed to have given up the right to obtain a patent.
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