How to apply for a patent
To apply for a patent, you must hold the relevant documents for patent application and go directly to the country in person If these places are far away from your place of residence, you can also use the mailing method to sort out all the materials required for patent applications and mail them to the National Intellectual Property Office. The Property Rights Office handles the matter.
1. To write patent application materials, you can patent The applicant can fill it out by himself, or he can entrust a patent-related agency to help write it, but the content must be clearly written.
2. Acceptance of patents. When the National Intellectual Property Administration receives the application materials from the patent applicant, it will conduct a preliminary screening. For those who meet the application conditions, it will determine the specific application date, then issue an application number to the applicant, and issue it to the applicant. Letter of acceptance of patent application.
3. If it is in person, go directly to the relevant processing office If the application materials are submitted directly, the applicant can postpone the application from the beginning of the application date after obtaining the acceptance notice and the issuance of the patent application payment form.
4. Then you will enter the application approval process.
5. At this time, the National Intellectual Property Administration The examination department will ask various questions to the applicant based on the materials submitted and the content related to the patent application. The applicant must classify the questions and answer them one by one. They must respond to the examiner's various opinions on the patent and modify the application or To supplement the evidence, if the applicant disagrees with the examiner's review opinions, he or she can raise a question and state his or her opinions and reasons.
6. Procedures for patent application. When the applicant receives the authorization notice and needs to go through the relevant registration procedures, he or she must complete the relevant registration procedures and pay the fees within two months in accordance with the relevant regulations and requirements. The applicant must complete the registration procedures and pay the fees within the prescribed period. The Patent Office will grant the applicant a patent right and issue a patent certificate in accordance with relevant regulations and procedures, fill in the patent on the patent system, and publish it in the Patent Gazette. The patent right will start from the date of announcement. Effective from now on.
7. Application requires relevant registration procedures. , when going through the relevant registration procedures, there is no need to submit other patent application materials and any documents. The applicant only needs to timely submit the relevant fees for patent registration within the specified time.
"Patent Law of the People's Republic of China" Article 20 Article 6 To apply for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.
The request should state the name of the invention or utility model, the name of the inventor, the name or address of the applicant, and other matters.
The description should give a clear and complete description of the invention or utility model, so that a skilled person in the technical field can realize it shall prevail; when necessary, there should be accompanying drawings. The abstract should briefly describe the technical points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection required.
For inventions and creations that rely on genetic resources, the applicant should explain the direct source and original source of the genetic resources in the patent application document ;If the applicant cannot explain the original source, he should state the reasons.
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