What are the steps required to apply for a patent in my country
First, prepare application documents, including request, description, and claims. , instructions, pictures, instructions. Design patents must include a request, pictures or photos, and a brief description. You can go to the National Patent Office service point to obtain the corresponding form. Please pay attention to the following items in the format of application documents:
1 , fill in black handwriting, the handwriting is required to be clear and without alteration.
2. Use simplified Chinese characters.
3. Table forms are used and cannot be written in columns.
4. Practical standard forms, A4 paper, in duplicate share.
5. The attached drawings require a black ink tank drawing tool systemdo.
6. Write page numbers in order. You can download the writing sample from the official website.
Second, there are two ways to submit materials. Submit materials
1. Go directly to the lobby of the Patent Office or the local patent agency window to submit the application.
2. Submit by mail, but only Use EMS, not express delivery or regular mail.
Third, accept the acceptance issued by the National Patent Office The issuance of a notification letter means that the patent application has officially entered the approval process.
Fourth, pay the application fee, except directly apply for a patent In addition to paying the fees at the Patent Office Charge Office and the Patent Office Agency, you can also pay the application fee through bank or post office remittance. When paying the fee, you should pay attention to write down the application number, and ask the bank or post office staff to enter the patent application number, name, address, Zip code etc. But you should not mail cash directly to the patent office, as no one will accept it. Please note that payment must be made within 15 working days from the date of receipt of the acceptance notice.
Fifth, the patent office first conducts a preliminary review of the application. Examination, for patents other than inventionsAs long as the application passes the preliminary examination, the patent can be granted. If the application fails to pass the initial examination, the patent can be resubmitted. For invention patents, a preliminary examination is required first. After passing the examination, a substantive examination is required. Only after the substantive examination can the patent be obtained. For substantive examination, some can be carried out immediately, while others can only be carried out after 18 days.
Sixth, obtain the patent certificate.
Relevant legal provisions
"Patent Law of the People's Republic of China"
Article 26 When applying for an invention or utility model patent, a request, description and abstract must be submitted. Claims and other documents.
The request should state the name of the invention or utility model , the name of the inventor, the name of the applicant, address, and other matters.
The description should clearly and completely describe the invention or utility model The description shall be subject to the ability of technicians in the technical field to implement it; when necessary, there should be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and be clear and Briefly define the scope of patent protection claimed.
For inventions and creations that rely on genetic resources, the applicant should state this in the patent application documents The direct source and original source of the genetic resources; if the applicant cannot explain the original source, the applicant shall state the reasons.
Article 34 The Patent Administration Department of the State Council receives After an invention patent is applied for, if it is determined through preliminary examination that it meets the requirements of this 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.
Article 35 The application for an invention patent shall start 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; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may Conduct substantive examination of invention patent applications.
The above knowledge is based on the editor’s analysis of relevant legal issues Answer: According to the relevant laws of our country, the procedures for applying for a patent include preparing application documents, submitting application materials, accepting the acceptance notice issued by the National Patent Office, paying the application fee, patent review, and obtaining a patent certificate, etc. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.
