What should applicants know about various procedures after the Patent application is accepted
Invention patent, utility model patent, appearance After the design patent application is accepted by the Patent Office, it will enter the patent review process. There are three main stages in the patent examination process: the preliminary examination stage, the substantive examination stage, and the authorization stage.
Issues that should be paid attention to when handling patent procedures:
1. The unified form prescribed by the Patent Office.
2. Correctly fill in the application number or patent number, Applicant’s name and invention title. The applicant, patentee or patent agency must sign and seal it before it can take effect.
3. Document submission method: face-to-face and Send.
4. Pay attention to the payment deadline. For various changes (applicant, inventor, patentee, agency), the fee payment deadline is generally within one month of the submission date; requests for extension of deadline, the original Before the expiration of the designated period; for substantive examination requests, within three years from the filing date; for reinstatement requests, before the expiration of the original designated period.
Under what circumstances are patent applications not acceptedIf a patent application falls under any of the following circumstances, the Patent Administration Department of the State Council shall not Accept the application, notify the applicant, and return the application documents.
(1) Patent applications that are not submitted in writing or are not written in Chinese cannot be accepted. For example: patent applications filed with models, samples, video tapes, disks or over the phone are not accepted, and foreign language applications that are not translated are not acceptable. Documents cannot be accepted.
(2) Application documents (Including request letters) are not typed or printed, or the handwriting is unclear or has been altered; drawings or design pictures that are not drawn with drawing tools and black ink, or are blurred (design photos) or have been altered cannot be accepted. For example: drawings and pictures drawn in pencil and blurry photos are not acceptable.
(3) The basic application documents are not complete, for example, the invention application lacks any one of the request, claims, and description; the utility model patent application lacks the request, claims, Any of the description and drawings; the design patent application that lacks any of the requirements, pictures or photos cannot be accepted. The acceptance conditions will be reviewed, and only the patent application will be examinedWhether these parts are complete or not, the completeness of the documents in each part will not be reviewed. Therefore, applicants must check carefully when submitting application documents.
(4) The applicant’s name is missing in the request Applications with unknown names or addresses cannot be accepted.
(5) Patent application category (invention, utility New models or designs) that are unclear or cannot be determined will not be accepted.
(6) There is no agreement or treaty with our country Applications submitted to our country by nationals or entities from countries that have no relations with China and have no patent reciprocity will not be accepted; or foreigners or foreign entities that do not have a regular residence or business office in my country, as well as entities and compatriots from Hong Kong, Macao and Taiwan. Application procedures that have not been completed in accordance with Paragraph 1 of Article 19 of the Patent Law will not be accepted.
(7) Legal persons and residents in Hong Kong, Macao and Taiwan If a patent application is mailed directly from Hong Kong, Macao and Taiwan to the Patent Administration Department of the State Council; if a legal person from Hong Kong, Macao and Taiwan submits a patent application to the Patent Administration Department of the State Council as an applicant, it does not entrust a patent agency designated by the State Intellectual Property Office to handle it.
The above knowledge is the editor's opinion on "patent application acceptance" The answer to the question "What should applicants need to know when handling various procedures?" After the patent application is accepted by the patent management department, you need to pay attention to correctly filling in the application number or patent number, paying attention to the payment deadline and other issues. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
