What is the approval process for invention patents
A. Application: The patent applicant submits a patent application to the State Intellectual Property Office Apply to the bureau.
B. Preliminary examination: received by the Patent Administration Department of the State Council After an invention patent is applied for, if it is determined through preliminary examination that it meets the requirements of the patent law, it will be published immediately 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.
C. Substantive examination: Invention patent application starts from the filing date Within three years from the date of application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
D. Registration: If no reason for rejection of the invention patent application is found after substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
E. Reject the application: After the patent administration department of the State Council conducts a substantive examination of the invention patent application, it considers that it does not comply with the provisions of the patent law, and the applicant states his opinions or conducts After the amendment, if the patent administration department of the State Council still believes that it does not comply with the provisions of this Law, it shall reject it.
F. Reexamination: Patent applicant’s request to the State Council Patent Administration If you are dissatisfied with the department's decision to reject the application, you may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice.
G. Invalid application: announced by the Patent Administration Department of the State Council From the date when a patent right is granted, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law may request the Patent Reexamination Board to declare the patent right invalid.
H. Administrative litigation: patent reexamination by patent applicant If the party is dissatisfied with the Board's review decision rejecting the application, or if the party concerned is dissatisfied with the Patent Reexamination Board's decision to declare the patent right invalid or maintain the patent right, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
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