1. What are the steps involved in the invention patent application process
1. The process of applying for an invention patent is divided into five stages: acceptance stage, preliminary examination stage, publication stage, substantive examination stage and authorization stage;
(1) Patent acceptance stage
After the patent office receives the patent application Conduct review. If the conditions for acceptance are met, the Patent Office will determine the filing date and give an application number. After verifying the document list, it will issue an acceptance notice to notify the applicant;
(2) Preliminary examination stage
The application fee for the accepted patent application shall be paid in accordance with regulations , automatically enters the preliminary examination stage; before the preliminary examination, the invention patent application must first be scrutinized confidentially, and if confidentiality is required, it shall be handled in accordance with confidentiality procedures; during the preliminary examination, the application shall be examined for obvious shortcomings, mainly including whether the examination content falls under the "Patent Law" The scope within which patent rights are not granted, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether there is a lack of unity, whether the application documents are complete and whether the format meets the requirements;
(3)Announcement stage
The invention patent application enters the publication stage from the issuance of the preliminary examination qualification notice. If the applicant does not request for early disclosure, it must wait until eighteen months from the application date to enter the public preparation process; if the applicant requires early disclosure, the application Immediately enter the public preparation process; after format review, editing and proofreading, computer processing and typesetting and printing, the entireAbout three months later, the summary of the description will be published in the Patent Gazette and a separate copy of the description will be published; after the application is published, the applicant will obtain the right to temporary protection;
(4) Substantive examination stage
After the invention patent application is published, if the applicant has filed a request for examination and has taken effect, the applicant enters the substantive examination procedure; if the applicant has not submitted a request for substantive examination within three years from the date of application, or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn;
(5) Authorization stage
If there is an invention patent application process After the substantive examination, no reason for rejection was found. An examiner issued an authorization notice, and the application entered preparation for authorization registration. After reviewing the legal validity and completeness of the authorization text, the patent application bibliographic items were proofread and modified. , the Patent Office issues a notice of authorization and a notice of registration procedures. After receiving the notice, the applicant shall complete the registration procedures and pay the prescribed fees within two months in accordance with the requirements of the notice. If the registration procedures are completed on time, the Patent Office will grant the patent. The right shall be issued with a patent certificate, recorded in the patent register, and announced in the Patent Gazette two months later. If the registration procedures are not completed in accordance with the regulations, the right to obtain the patent right shall be deemed to have been waived.
2. Legal basis: "Patent Law of the People's Republic of China" Article 10 Four.
2. Invention patents How many years is the protection period?
1. The protection period of Chinese invention patents is 20 years. If the patent year is not paid as required, If a fee is paid or a written statement is made to give up the patent right, the protection period shall be terminated early;
2. The term of invention patent is twenty years, and the term of utility model is The term of patents and design patents is ten years, both calculated from the filing date;
3. The patentee shall pay annual fees starting from the year when the patent right is granted;
4. If the patent right is terminated early before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.
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