What is the procedure for patent application
Procedure:
The agency is entrusted by the State Intellectual Property Office to handle accepted applications in accordance with the relevant provisions of the Patent Law and the Implementing Rules of the Patent Law. The patent application documents will be reviewed, the filing date will be determined, and the application number will be given. Review and approve the fee mitigation request submitted by the applicant, determine the standards for granting mitigation, and issue a notice.
1. For those who meet the acceptance conditions but do not submit the fee, the fee will be slowed down For a patent application with a written request, a patent application acceptance notice and a fee payment notice will be issued to the applicant.
2. For patent applications that do not meet the acceptance conditions, Issue a notice of rejection of the patent application to the applicant.
3. For those who meet the acceptance conditions and submit a fee reduction request If a patent application is filed and meets the fee reduction regulations, a fee reduction review and approval will be issued to the applicant, the standards for granting the reduction will be determined, and a patent application acceptance notice and a fee reduction approval notice will be issued to the applicant.
4. For patent applications that meet the acceptance conditions but do not meet the fee reduction regulations, issue a patent application acceptance notice to the applicant and fee reduction approval notice (the notice states the reasons why the fee cannot be reduced and the period and amount of fees payable).
5. The filing date of patent application documents is determined in accordance with the relevant provisions of the Patent Law and the Implementing Rules of the Patent Law. For application documents submitted in person by the applicant, the application date shall be the date of personal submission. For application documents mailed by the applicant on the date of application, the postmark date shall be the date of application. If the postmark date on the envelope is unclear, the date of receipt by the agency shall be the date of application.
6. Approval of cost reduction: The requester in the cost reduction request should be consistent with the request in the request The request must be consistent with that of the parties and must be signed and sealed by the parties concerned, otherwise the approval will not be granted. Requests for fee reduction for service inventions must be accompanied by a certificate from the superior competent department. The certificate should indicate whether the unit requesting reduction is an enterprise, institution, agency, or group. If it is an enterprise, it should be stated Profit and loss situation, non-enterprises should explain their economic difficulties.
Acceptance conditions:
1 , accept three types of patent application documents for inventions, utility models, and designs submitted in person or by mail from domestic units or individuals.
2. Accept three types of patent application documents for inventions, utility models and designs from individuals resident in Hong Kong, Macao and Taiwan through domestic patent agencies.
3. Application documents submitted directly by overseas applicants or submitted through foreign-related agencies will not be accepted.
4. PCT patent application documents will not be accepted.
5. Divisional applications and patent application documents requiring a priority statement will not be accepted. Application documents can be sent directly to the Patent Office Reception Office of the State Intellectual Property Office by registered mail.
6. Intermediate documents submitted by the applicant will not be accepted. The application documents can be sent directly to the Patent Office Acceptance Office of the State Intellectual Property Office by registered mail.
Material details:Applicants should submit patent application documents in duplicate, and various patent application documents should be typed or printed.
1. To apply for an invention patent, you should submit a request, description, abstract and claims. and other documents.
2. To apply for a utility model patent, a request, description and drawings, abstract and drawings, claims and other documents should be submitted.
3. To apply for a design patent, a request letter and Pictures or photos of the design.
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