1. Whether the unauthorized patent application is protected
The patent is being applied for During the process, if the patent right has not been formally granted, the patent application will not be protected by law. The patent will not be protected by law until the patent right is granted.
Article 39 of the Patent Law of the People's Republic of China
Invention patent application procedures If no reason for rejection is found during the substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
Article 40
Utility model and design patent applications have not been found after preliminary examination If there are reasons for rejection, the patent administration department of the State Council will make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
2. What are the documents to submit for patent application
Application For invention patents, the application documents shall include:
Invention patent request, abstract, abstract drawings (when applicable), description, claims, description drawings (when applicable), each in duplicate.
For invention patent applications involving amino acid or nucleotide sequences, the sequence list should be included in the description, and the sequence list should be submitted as a separate part of the description, and The page numbers should be written consecutively with the instructions, and a CD or floppy disk containing the sequence list that complies with the regulations of the State Intellectual Property Office should also be submitted.
When applying for a utility model patent, the application documents should include:
Utility model patent request, abstract, abstract drawings (when applicable), Description, claims, and drawings of the description, each in duplicate.
When applying for a design patent, the application documents should include:
Design patent application form, pictures or photos (if color protection is required, color pictures or photos should be submitted) and a brief description of the design, each in duplicate.
If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos must not be mixed.
When applying for a patent, you should fill in the patent application request form (including name, inventor or applicant, contact person, application document list, etc.).
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