1. What is the process for applying for an invention patent?
1. Patent rights To obtain, the applicant must apply to the State Intellectual Property Office, which will approve and issue a certificate.
2. The application process for an invention patent is as follows: Submit the application, and the State Intellectual Property Office will issue an acceptance notice - then go through preliminary examination - publication - substantive examination and authorize.
2. Documents required to apply for an invention patent
1. Request letter: including the name of the invention patent, the name of the inventor, the name and address of the applicant, etc.
2. Description: including the name of the invention patent, the technical field to which it belongs, background technology, content of the invention, description of the drawings and specific implementation methods.
3. Claims: describe the technical features of the invention and clearly and briefly state the content requested for protection.
4. Description and drawings: If the invention patent can clearly and completely describe the technical solution using words alone, it does not need drawings.
3. How long does it take to apply for an invention patent?
Generally, invention patents are published after 18 months from the date of application. If a practical examination is filed immediately after publication, the authorization is usually granted after the second pass, which takes more than two years. In short, it depends on the specific case situation and the examiner. The law does not limit the review time, but only limits the applicant’s response time (four months for the first pass, two months for the second pass and beyond).
4. Legal Basis
Article 26 of the "Patent Law of the People's Republic of China" stipulates that when applying for an invention or utility model patent, a request, description and abstract must be submitted. Claims and other documents. 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 provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. Claims should be based on the description, clear and concise
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