What are the procedures for applying for a patent for homemade wine
Preparation of application documents→Application steps→Approval process→Processing agency→Processing time limit→Payment of fees
1. Application stage
The application documents for an invention patent shall include: invention patent request, description (if the description has drawings, the description and drawings shall be submitted), claims, and abstract (the abstract shall be accompanied by drawings if necessary). If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
2. Review stage
(1) Preliminary examination:
After the Patent Office receives the invention patent application, it must undergo preliminary examination review. After passing the preliminary review, it will be announced. The Patent Office may also publish an application early upon the Applicant's request. The preliminary review mainly checks: ① Whether the application documents are complete; ② Whether the form meets the standards; ③ Whether the fees are paid. During the preliminary examination, the Patent Office will issue a notice of correction for the above matters, and the applicant will make corrections.
(2) Substantive examination
After the invention application is published, the patent office receives the application In case of a person's request for substantive examination, the substantive examination will be initiated. The examiner issues a notice of examination opinion, in which he evaluates the novelty, creativity, practicability, etc. of the invention application, and points out substantive defects in the application documents. The applicant responds to the review comments and modifies the application documents if necessary. If the applicant's reply overcomes the examination opinion, the examiner will issue a notice of grant of patent rights. If the applicant’s response does not overcome the review opinion, the examiner will issue another examination opinion notice or a rejection notice.
(3) Authorization
After receiving the notice of grant of patent right, the applicant shall Registration is required. The applicant shall pay the patent registration fee, the annual fee for the year of authorization, the announcement printing fee within the prescribed period, and shall also pay the patent certificate stamp tax. The applicant can obtain the patent certificate after completing the registration procedures.
Self-made medicinal wine belongs to the invention patent of method invention. The patent to be applied for is not the medicinal wine itself, but the protection of the production method or formula of the medicinal wine. After successfully applying for a patent, you must pay attention to the number of years and time for payment, otherwise the patent may become invalid if the fee is not paid by the time limit. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
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