What is the patent application acceptance procedure
⒈Conditions
Based on the relevant provisions of the Patent Law and the Implementing Rules of the Patent Law:
①Invention refers to a new technical solution proposed for a product, method or improvement thereof;
②Utility model refers to the shape and structure of the product Or combined with the proposed new technical solutions suitable for practical use;
③Appearance design refers to the shape, pattern or combination of the product and the combination of color, shape and pattern that is aesthetically pleasing and suitable for industrial applications.
⒉Procedure
A. I submit a request
The request is the basis for determining the three types of patent applications: invention, utility or design, and should be selected with caution; it is recommended to use patent Bureau unified form. The request includes the name of the invention, utility model or the name of the product using the design; the name of the inventor or design, the name of the Applicant, address (including postal code), and other matters:
①The nationality of the applicant. The applicant is a business or other organization in the country where its headquarters is located.② If the applicant entrusts a patent agency, it should be indicated related matters. If the applicant is applying for more than two people or an organization without entrusting an agency, the representative should be a natural person and the contact person's name, address, postal code and contact number should be indicated.
③Divisional patent application (rejected, withdrawn or An application that is considered withdrawn and cannot file a divisional application) should be of the same type as the original application and indicate the date of the original application. Otherwise, it will not be processed as a divisional application. For inventions or utility models that claim domestic priority, the application country and filing date of the earlier application must be indicated in the request, and the application shall be submitted from the date of the earlier application.
④Application document list
⑤Additional file list
⑥Signed or stamped by the parties involved
⑦ Other matters that do have special requirements.
B. Applicants should submit the following materials:
①Instructions
The description should give a clear and complete description of the invention or utility model in order to enable those skilled in the technical field to Subject to being able to be realized.
② Claims
Article 26 of the "Patent Law of the People's Republic of China" Application for invention or utility model patent , the request, description and its abstract, claims and other documents should be submitted.
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 give a clear and complete description of the invention or utility model, subject to the ability of a person skilled in the technical field to realize it; when necessary, there should be accompanying drawings. The abstract should briefly explain Technical key points of the invention or utility model.
claims The scope of patent protection required should be clearly and briefly defined based on the description.
For inventions and creations that rely on genetic resources, the applicant should explain the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant should state the reasons.
"Patent Law" Article 35 Invention patent application shall commence from the filing date Within three years, 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 a substantive examination of the invention patent application on its own .
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