1. What is the basic process of invention patent application
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, and after verifying the document list , issue a notice of acceptance and 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. 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.
(2) 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 falls within the scope of not granting Patent rights and whether it is obvious. The lack of technical content cannot constitute a technical solution, whether it lacks unity, whether the application documents are complete and whether the format meets the requirements.
3. Announcement 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, it must wait until the expiration date of the application. Eighteen months into the public preparation process.
(2) If the applicant requires early disclosure, the application will immediately enter the disclosure preparation process.
(3) 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 the specification will be published. Single book. 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 applicantIf a request for examination has been submitted and has taken effect, the applicant enters the substantive examination procedure.
(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or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn. .
5. Authorization stage.
(1) If no reason is found for rejection of an invention patent application after substantive examination, an examiner will issue an authorization notice and apply for authorization registration. Preparation, after reviewing the legal validity and completeness of the authorization text, and proofreading and revising 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 formalities and pay the prescribed fees within two months in accordance with the requirements of the notice. If the applicant completes the registration formalities on time, , the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce 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 given up the right to obtain the patent right. .
6. Legal basis: "Patent Law of the People's Republic of China"
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 the invention patent right is granted after four years from the date of application for an invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall At 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 shall, at the request of the patentee, Provide compensation for the duration of patent rights. 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.
Article 43 The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44 Under any of the following circumstances, the patent right shall be terminated before expiration:
(1) Failure to pay the annual fee as required;
(2) The patentee has given up its patent rights in a written statement.
If the patent right is terminated before the expiration of the term, it shall be registered and announced by the Patent Administration Department of the State Council.
2. How many years is the protection period of an invention patent?
(1) The protection period of Chinese invention patents is 20 years. If the patent annual fee is not paid as required or the patent rights are waived in writing, the protection period will be terminated early.
(2) Legal basis: Article 42 of the Patent Law of the People's Republic of China stipulates that the term of invention patents is twenty years, and the term of utility model and design patents is ten years, both calculated from the date of application. Fourth Article 13: 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 the annual fee as required;
2. The patentee has given up the patent right in a written statement.
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