1. How to apply for a patent
1. The first step is to The applicant files a patent application request. In the second step, the patent administration department will conduct a preliminary review within 18 months after receiving the invention patent application. If the requirements are met, it will be announced immediately. In the third step, the invention patent application will be made within three years from the filing date. , for those who pass the substantive review, an invention patent certificate will be issued.
2. Legal basis: "Patent Law"
Article 26 Application for invention or a utility model patent, a request, a description, its abstract, claims and other documents should be submitted.
Article 34 After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, the patent administration department shall be eighteen years old from the date of application. It will be announced in a few months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may, upon request made by the applicant at any time, conduct substantive review of the application. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
2. What should be done to apply for a patent
1. Documents required to apply for a patent (documents must refer to the unified form format prescribed by the Patent Office) Apply for an invention patentDocuments required to apply for a patent, documents required to apply for a utility model patent, documents required to apply for a design patent
2. Application fees and other expenses will be reduced when submitting a patent application. At the same time as the documents, you can submit the "Request for Cost Reduction" together. The reason for the reduction should be stated in the Request for Cost Reduction. If an individual applies for reduction, the annual income must be written. If two people apply jointly, each person's income should be stated. Annual income; indicate the types of expenses required to be mitigated. There are five types of expenses that can be mitigated: application fees, examination fees, maintenance fees, reexamination fees, and annual fees for the first three years after patent approval. Mitigation of the above five costs can be proposed at the same time.
3. Submission of patent application documents Patent application documents can be submitted directly to the Patent Office, or they can be mailed by registered mail through the post office. Application documents are generally not allowed to be folded and should be Use an envelope that can fit A4 paper and send it by registered mail. But the best way is to send it by "Express Mail" through the post office.
4. Payment of various fees Various fees can be paid directly to the Patent Office on the spot within the specified time (if the application documents are submitted directly to the Patent Office, The application fee can be paid at the time) or by remittance through the post office within the specified time. If the application documents are submitted through the post office, after receiving the "Notice of Acceptance" issued by the Patent Office (about one month later), the application fee must be paid. The payment deadline is within two months from the date of application.
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