1. What is the process of patent application
1. Invention patent The application is to write the technical content that conforms to the authorized object of the patent law into the prescribed file format in accordance with the requirements of the patent law, and submit it to the patent office after complying with the prescribed language description rules. If the patent office review does not find the existence of curves that do not comply with relevant patent regulations , a patent right will be granted for the request. The process of applying for an invention patent is divided into five stages: acceptance stage, preliminary examination stage, publication stage, substantive examination stage and authorization stage.
(1) Patent acceptance stage
The Patent Office will review the patent application after receiving it. If the acceptance conditions are met, the Patent Office will determine the filing date and give an application number. After verifying the document list, it will issue an acceptance notice to notify the applicant.
(2) Preliminary examination stage
The accepted patent application must be paid in accordance with regulations Fees will automatically enter the preliminary review 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. During the preliminary examination, the application shall be examined for obvious shortcomings, mainly including whether the content of the examination falls within the scope of the Patent Law of the People's Republic of China that does not grant patent rights, whether there is an obvious lack of technical content that cannot constitute a technical solution, and whether it lacks unity. Whether the application documents are complete and the format meets the requirements.
(3) Publication stage
Invention patent application starts from the issuance of the preliminary examination qualification notice During the publication stage, if the applicant does not request for early disclosure, it will have to wait until eighteen months from the date of application to enter the disclosure preparation process. If the applicant requires early disclosure, the application will be processed immediatelyEnter the public preparation process. 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 a single volume of the specification will be published. After the application is published, the applicant obtains the right to temporary protection.
(4) Substantive examination stage
After the invention patent application is published, if the applicant has Submission refers to a request for examination that has taken effect, and the applicant enters the substantive examination process. 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
If an invention patent application undergoes substantive examination, there is no After discovering the reason for rejection, the examiner will issue an authorization notice and the application will be prepared for authorization registration. After reviewing the legal validity and completeness of the authorization text and proofreading and modifying the bibliographic items of the patent application, the Patent Office will issue an authorization. After receiving the notice and the notification of registration procedures, the applicant shall complete the registration procedures and pay the prescribed fees within two months in accordance with the requirements of the notice. If the registration procedures are completed on time, the Patent Office will grant the patent right and issue the patent. The certificate shall be recorded in the patent register and announced in the Patent Gazette two months later. If the registration procedures are not completed in accordance with the regulations, the right to obtain the patent right shall be deemed to have been waived.
2. Legal basis:
Second Article 16 To apply for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall give a clear and complete description of the invention or utility model, and shall be subject to the ability of a skilled person in the technical field to implement it; when necessary, there shall be appendixes picture. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant shall explain the direct origin of the genetic resources in the patent application document.The indirect source and the original source; if the applicant cannot explain the original source, he should state the reasons.
Article 34: After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, the patent administration department shall be eighteen years old from the date of application. It will be announced in a few months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may, at any time, based on the applicant’s If the applicant fails to request substantive examination within 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 an invention patent application on its own.
Article 36 When requesting substantive examination, the applicant for an invention patent shall submit relevant documents related to his invention before the filing date. of reference materials.
If an invention patent application has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified period of time the information that the country will search for to review the application. or review results; if the application is not submitted within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 37: After conducting a substantive examination of an invention patent application, the patent administration department of the State Council considers that it does not comply with the provisions of this Law. , the applicant shall be notified and required to state its opinions within a specified time limit or make modifications to its application; if it fails to respond within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 38: After the applicant states his opinions or makes revisions to the invention patent application, the patent administration department of the State Council still believes that Any application that does not comply with the provisions of this Law shall be rejected.
Article 39: If no reason for rejection is found after substantive examination of an invention patent application, the patent administration department of the State Council shall make a grant The invention patent right shall be determined, an invention patent certificate shall be issued, and the invention patent shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
2. How many years is the protection period of an invention patent?
The protection period of Chinese invention patents is 20 years. If the annual patent fee is not paid as required or the patent is relinquished in writing, the protection period will be terminated early.
Because the invention patent application process takes too long and the time cost is too high, many companies or individuals do not have so much time to follow up on these processes. Everyone has their own things to do, and invention patents are also the most difficult and valuable of the three types of patents. If you have a lot of time and have rich experience in patent applications, you can also try to apply for them yourself. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.