1. What is the patent application process
1. Patent acceptance stage.
The Patent Office will review the patent application after receiving it. If it meets the acceptance conditions, the Patent Office will determine the filing date and give an application number. After verifying the list of documents, a notice of acceptance will be issued to notify the applicant.
2. Preliminary review stage.
(1) If the accepted patent application pays the application fee in accordance with regulations, it will automatically enter the preliminary examination stage.
(2) Before the preliminary examination, the invention patent application must first be scrutinized confidentially. If confidentiality is required, it shall be handled in accordance with confidentiality procedures.
(3) During the preliminary examination, it is necessary to examine whether there are obvious shortcomings in the application, mainly including whether the content of the examination is within the scope of the application and whether the patent right is not granted. scope, 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. Publication stage.
(1) 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, Wait until eighteen months from the date of application to enter the public preparation process.
(2) Such asIf the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing and typesetting and printing, about three months later, the summary of the specification will be published in the Patent Gazette and a single volume of the specification will be published.
(3) After the application is published, the applicant obtains the right to temporary protection.
4. Substantive review stage.
(1) After the invention patent application is published, if the applicant has submitted a request for examination and it has taken effect, the applicant will enter the substantive examination program.
(2) 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 It is deemed to be withdrawn.
5. Authorization stage.
(1) If no reason is found for rejection of an invention patent application after substantive examination, the examiner will issue an authorization notice , the application enters preparation for authorization registration. After reviewing the legal validity and completeness of the authorization text, and proofreading and modifying the bibliographic items of the patent application, the Patent Office issues an authorization notice and a registration formality notice.
(2) 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 right, issue a patent certificate, record it in the patent register, and publish it in the Patent Gazette two months later. If the registration procedures are not completed in accordance with the regulations, it will be deemed to have been abandoned. The right to obtain patent rights.
6. Legal basis: "Patent Law"
Article 42 The term of invention patent rights is twenty years, the term of utility model patent rights is ten years, and the term of design patent rights is fifteen years, all calculated from the date of application.
If four years have passed since the date of application for the invention patent, and three years have passed since the date of request for substantive examination, the invention patent right has been granted. The patent administration department of the State Council shallAt the request of the patentee, compensation for the duration of the patent right shall be granted for unreasonable delays in the granting process of the invention patent, except for unreasonable delays caused by the applicant.
In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the patent administration department of the State Council should The patentee shall request compensation for the duration of the patent right. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.
2. How many years is the protection period of an invention patent?
(1) The protection period of a Chinese invention patent is 20 years, if the patent annual fee is not paid as required or the written statement is given up For patent rights, the protection period shall be terminated early.
(2) Legal basis: Article 42 of the "Patent Law of the People's Republic of China" stipulates that the term of an invention patent is twenty years , the term of utility model and design patents is ten years, both calculated from the filing date. Article 43: The patentee shall pay annual fees starting from the year when the patent right is granted. Article 44: If any of the following circumstances occurs, the patent right shall be terminated early before the expiration of the term:
1. Failure to pay as required Annual fee;
2. The patentee gives up the patent right in a written statement.
(3) 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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