1. What are the specific patent application procedures
1. Submission by the applicant Request, description, claims and other application materials;
2. The Patent Administration Department of the State Council shall conduct a preliminary review within 18 months after receiving the application. If the application meets the requirements, it will be announced immediately;
3. If the invention patent application passes the substantive examination within three years from the application date, an invention patent certificate will be issued and registered at the same time. and announcements.
4. Legal basis: "Patent Law of the People's Republic of China"
Article 26 When applying for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.
Article 34 After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, the patent administration department shall be eighteen years old from the date of application. It will be announced in a few months. 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 date of application for an invention patent, the patent administration department of the State Council may, upon request made by the applicant at any time, conduct substantive review of the application. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
2. What materials are needed to apply for a patent?
1. First of all, we must prepare the information required to apply for a patent (1. Request for patent application, 2. Instructions for the patented product plus drawings, 3. If it is a design, please attach a clear appearance. Six views.
2. Submit the prepared materials to the Service Hall of the National Patent Office of the local Intellectual Property Office. Of course, you can also submit the materials by mail. The method of mailing is low-cost and can save time, but the method of mailing is more troublesome if the preparation of materials is not complete enough.
3. Granted by the National Patent Office The acceptance notice means that the patent application has officially entered the review stage of the National Patent Office.
4. Apply for a national patent within 15 working days after receiving the payment notice The application fee is paid at the fee office of the bureau. When paying, please pay attention when filling in various information. The staff is required to enter the patent application number, name, detailed address, zip code and other information.
5. The National Patent Office will review the patent application after the applicant pays the fee. If there are any discrepancies or information that does not match the application, it needs to be modified. Only after the modification can the patent be obtained and the application can be reviewed. The corresponding time needs to go through in the process.
6. After passing the review and receiving the patent certificate, there is no free lunch in the world, and applying for a patent also requires funds. After all, investment requires manpower and material resources. Let’s take a look at what you need to pay attention to: The application fee payment deadline is within 2 months from the date of application. The fee paid at the same time as the application fee also includes the printing fee for invention patent application publication. , additional application fees, if you claim priority, you should also pay the priority claim fee. If it is not paid or paid in full within the required time, the patent application will be regarded as withdrawn.
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