What are the steps to apply for an invention patent?
The invention patent application process is as follows:
1. Acceptance stage: If the acceptance conditions are met, the patent The Bureau will determine the application date, give the application number, and after verifying the document list, issue an acceptance notice to notify the applicant. If the application is submitted electronically, you will generally receive the electronic acceptance notice and application fee payment notice/fee reduction approval notice within 2-3 working days.
2. Preliminary examination stage: Article 44 of the Implementing Rules of the Patent Law (Examination Basis). In actual operation, I personally think that the examiner will examine the following content, Welcome to add: (1) The name of an invention shall generally not exceed 25 words. In special circumstances, inventions in the field of chemistry may be allowed to have up to 40 words. (2) Whether the name of the invention in the request, specification, confidentiality examination request (if any), substantive examination request (if any), and patent agency power of attorney (if any) are all consistent. (3) The abstract of the instruction manual shall not exceed 300 words. Inventive chemical formulas may be included. (4) Whether the drawing of the abstract (if any) is one of the drawings of the description.
3. Publication Stage Patent Law Article 34 After receiving an invention patent application, the patent administration department of the State Council deems upon preliminary examination that it meets the requirements of this Law. The application will be announced 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.
4. Article 35 of the Patent Law at the Substantive Examination Stage Within three years from the date of application, the patent administration department of the State Council may, based on the application submitted at any time by the applicant, If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. Of course, when submitting a request for substantive examination, don’t forget to pay the substantive examination fee!
5. During the authorization stage, pay the authorization registration fee, annual fee and stamp tax within the time limit specified in the "Notice of Registration Procedures"!
6. Annual fee The annual fees after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the patent administration department of the State Council shall notify the patentee that the annual fees due for payment shall begin on the expiration date. Make up the payment within 6 months, and pay a late fee at the same time; the amount of the late fee is calculated as an additional 5% of the full annual fee for that year for every month beyond the prescribed payment time; if the payment is not made at the end of the period, the patent right shall pay the annual fee. Terminates on the expiration date.
Through the editor's introduction, we can learn about the relevant answers to the steps to apply for an invention patent. I hope the above content is You have provided help. If your situation is special or complex and the above cannot fully answer your questions, you are welcome to go to the Legal Savior Network for one-on-one lawyer consultation, and a professional lawyer will provide you with answers!
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