What is the approval process for invention patent applications
1. Acceptance
According to the provisions of the Patent Law, any unit or individual that needs to apply for an invention patent shall apply to the National Patent Office Submit clear, complete, and accurate documents such as the request, description, abstract, and claims. If the applicant mistakenly submits the application documents to other agencies, units or individuals, it will have no legal effect in the patent approval process.
For applications that meet the acceptance conditions, the National Patent Office The application will be accepted and entered into the approval process. After the acceptance process is completed, an acceptance notice and a payment notice will be issued to the applicant. For applications that meet the acceptance conditions, the National Patent Office will determine the application date, give the application number, and verify the document list. , issue a notice of acceptance, a notice of application fee payment, and notify the applicant. Applications that do not meet the acceptance requirements will not be accepted.
2. Preliminary review
If the patent applicant pays the application fee within the specified date, the patent application will automatically enter the preliminary examination stage. At this stage, the National Patent Office will conduct a formal review of the application. For unqualified applications If you apply, the National Patent Office will issue a notice of correction. Failure to respond within the time limit will be deemed to have been withdrawn. If the applicant has not eliminated the defects after correction and modification, it will be rejected. For qualified applications, the Patent Administration Department of the State Council will issue a preliminary review Qualified applications will be reviewed and entered into the next stage.
3. Announcement
"Patent Law" stipulates that the state After the Patent Office receives an application for an invention patent, if it is determined through preliminary examination that it meets the requirements of this Law, it will be published 18 months from the date of application (from the date of priority if there is priority). The National Patent Office may, at the request of the applicant, If the application is announced as early as possible and requires early disclosure, it will generally be announced after passing the preliminary review.
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