1. What are the procedures for patent application
The procedures for patent application are: Application, acceptance, preliminary examination, substantive examination, issuance of patent rights, etc. And the aforementioned process is limited to applying for invention patents. If a party applies for a design patent or utility model patent, there is no need to conduct substantive examination.
Legal basis:
Article 26 of the Patent Law
When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted.
Article 34
After receiving the invention patent application, the patent administration department of the State Council shall If it is determined after preliminary examination that it meets the requirements of this Law, it will be announced immediately after eighteen months from the date of application. 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 filing date of an invention patent application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application shall be considered withdrawn.
Article 39
Where no reason for rejection is found after substantive examination of an invention patent application , the patent administration department of the State Council makes a decision to grant an invention patent right, issues an invention patent certificate, and registers and announces it at the same time. The invention patent right shall take effect from the date of announcement.
2. Can the patent be transferred during the application period
During the patent application period, the patent right has not been granted, so the applicant can only transfer the patent application right, but not the patent right.
"Patent Law of the People's Republic of China"
Article 10 Patent application rights and patent rights Can be transferred.
Chinese entities or individuals that transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations shall handle the matter in accordance with the provisions of relevant laws and administrative regulations. formalities.
When transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
In the relevant provisions of patents in our country's laws, the patent application process includes: application, acceptance, preliminary examination, substantive examination, and issuance of patent rights. Books etc. And the aforementioned process is limited to applying for invention patents, and the specific regulations are as above. The editor of Legal Savior Network answered this question as above. Welcome to Legal Savior Network for legal consultation.
