What are the necessary procedures to obtain patent rights
Patent application is a necessary procedure to obtain patent rights. To obtain a patent right, the applicant must submit an application to the national patent office, which shall approve and issue a certificate. When applying for a patent to the national patent office, the applicant should also submit a series of application documents, such as request, description, abstract, claims, etc.
1. Filling in and writing patent application documents
There are specific requirements for filling in and writing patent application documents , the applicant can fill or write it by himself, or he can entrust a patent agency to handle it for him. Although it is not compulsory to appoint a patent agent, considering the importance of carefully drafting patent application documents and the legal rigor of the approval process, it is worth promoting for inexperienced applicants.
2. Acceptance of patent applications
Patent application received by the Patent Office acceptance office or various patent office agencies After, yesFor applications that meet the acceptance conditions, the application date will be determined, an application number will be given, and an acceptance notice will be issued.
3. How to pay the application fee
Application fees and other fees can be paid directly to the Patent Office Charges Office Or pay in person at the Patent Office Agency, or remit through a bank or post office, or registered users of electronic applications can use the online payment system to pay patent fees by logging into the China Patent Electronic Application Network. Currently, banks use electronic transfers and post offices use electronic remittance. When the payer pays the patent fee through the post office or bank, the correct application number or patent number should be written on the money order, and the abbreviation of the name for which the fee is paid should be used. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript. If the remittance is made through the post office, the remitter should also ask the post office staff to enter the complete mailing address, including postal code. This information will be important in subsequent procedures. Functional. Fees shall not be sent to the Patent Office Acceptance Office or other departments of the Patent Office or to individual examiners.
4. Application fee payment time
If you submit the patent application documents in person, you can obtain the acceptance notice Pay the application fee after receiving the application fee notice.
5. Patent approval process
According to the Patent Law, the approval process for invention patent applications includes acceptance, preliminary examination, publication, substantive examination andand five stages of authorization. Utility model or design patent applications are not subject to publication and substantive examination during approval, but only three stages: acceptance, preliminary examination and authorization.
6. Active modification of patent application documents and Correction
7. Reply to various notices from the Patent Office Book
(1) Comply with the response deadline and respond after the deadline The consequences are the same as not replying. Respond to the issues pointed out in the examination opinion notice one by one. The reply can be based on the review opinions or modify the application; if you disagree with the examiner's opinions, you should state your opinions and reasons. (2) Defects in form or procedure can generally be eliminated through correction; obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, one can only defend and state opinions on whether there is or is an obvious substantive defect. (3) Corrections or modifications to an invention or utility model patent application shall not exceed the scope recorded in the original description and claims, and modifications to a design patent application shall not exceed the scope represented by the original pictures or photographs. Modified documents should submit replacement pages in the prescribed format. (4) The reply should submit documents in the prescribed format. Such as submitting an amendment or statement of opinion. Generally, a correction letter is used to correct formal issues or procedural issues, and a statement of opinion is used to amend the substantive content of the application. If the applicant disagrees with the examiner's opinion, a statement of opinion is used when making a defense.
8. The patent application is deemed to be withdrawn and its Restoration
If the required procedures are not completed within the time limit, the application will be If the application is deemed withdrawn, the Patent Office will issue a deemed withdrawal notice. If the applicant has legitimate reasons, he or she may submit a request to the patent application within two months from the date of receipt of the deemed withdrawal notice.The bureau requested restoration of rights and stated reasons. To request the restoration of rights, a "Request for Restoration of Rights" should be submitted, explaining the legitimate reasons for delaying the time limit, paying the restoration fee, and completing various uncompleted procedures that should be completed. The re-application procedures and repayment of fees should generally be completed within the above two months.
9. Handle patent registration procedures
After preliminary review of utility model and design patent applications, invention patents If the application is substantively examined and no reason for rejection is found, the Patent Office will issue a notice of authorization and a notice of registration procedures. After receiving the authorization notice and registration formalities notice, the applicant shall complete the registration formalities and pay the prescribed fees within two months in accordance with the requirements of the notice. If the registration procedures are completed and the prescribed fees are paid within the time limit, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the Patent Gazette. The patent right will take effect from the date of announcement. Failure to complete registration procedures within the prescribed time limit shall be deemed to have given up the right to obtain patent rights.
10. Fees payable for registration procedures
There is no need to submit any documents when registering. Applicants only need to pay patent registration fees, announcement printing fees, annual fees for the year of authorization, and stamp duties as required.
11. Maintenance of patent rights
After the patent application is granted the patent right, the patentee shall Prepay one month before the expiration of the yearAnnual fee for one year. If the annual fee is not paid or is not fully paid upon expiration, the Patent Office will issue a payment notice and notify the patentee to pay the annual fee within six months from the expiration date, and to pay late payment fees at the same time. The amount of the late payment fee is calculated as an additional 5% of the full annual fee for that year for each month beyond the prescribed payment time; if the payment is not made at the end of the period or the amount paid is insufficient, the patent right shall be terminated from the date of expiration of the annual fee payable.
12. Termination of patent rights
The termination of patent rights can be divided into: ( 1) Termination upon expiration of the term: the invention patent right shall be maintained for 20 years from the date of application, and the patent right for utility model or design shall be maintained for 10 years from the date of application and shall be terminated in accordance with the law; (2) Termination for non-payment of fees: the Patent Office shall issue a payment notice, After notifying the applicant to pay the annual fee and late fee, if the applicant still fails to pay or pay the annual fee and late fee in full, the patent right shall be terminated from the expiration date of the previous year; (3) Termination due to the patentee giving up the patent right: After the patent right is granted, the patentee can voluntarily request to give up the patent right at any time by submitting a declaration of relinquishment of patent right. The date of issuance of the formalities compliance notice issued by the examiner in response to the declaration of relinquishment of patent right is the date on which the relinquished patent right becomes effective. Start and end.
13. Invalidity of patent rights
From the date of authorization of a patent application, any unit or individual believes that the If the grant of a patent right does not comply with the relevant provisions of the Patent Law, a request may be made to declare the patent right invalid. Anyone who requests to declare a patent right invalid or partially invalid shall pay the fee in accordance with the regulations, submit a request for invalidation, indicate the name and patent number of the patent requested to be invalidated, state the facts and reasons based on it, and attach necessary evidence.
In summary, the editor has given youThe content of relevant legal procedures has been compiled. If you have more questions or legal consultations about patent application, you are welcome to seek help from professional lawyers on the Legal Savior website.
