1. What steps are required to apply for an invention patent?
1. Patent acceptance stage
The Patent Office will examine the patent application after receiving it. If the acceptance conditions are met, the Patent Office will determine the application date and give the application number. After verifying the document list, it will issue an acceptance notice and notify the applicant;
2. Preliminary review stage
If the accepted patent application pays the application fee in accordance with regulations, it will automatically enter the preliminary examination 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.
3. Announcement stage
Invention patent application enters the publication stage from the issuance of the preliminary examination qualification notice. If the applicant does not make a request for early disclosure, it must wait until eighteen months from the application date to enter the publication preparation process. . If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process.
4. Substantive review stage
After the invention patent application is published, if the applicant has submitted a request for substantive examination and it has taken effect, the applicant will enter the substantive examination procedure. If the applicant has not submitted a request for substantive examination after three years from the date of application, or the substantive examination request If the review request does not take effect, the application will be deemed to be withdrawn;
5. Authorization stage
If no reason is found for rejection of an invention patent application after substantive examination, and the examiner issues an authorization notice, The application enters preparation for authorization registration. After reviewing the legal validity and completeness of the authorization text and proofreading and revising the bibliographic items of the patent application, the Patent Office issues an authorization notice and a registration formalities notice. After the applicant receives the notice The registration formalities should be carried out in accordance with the requirements of the notice and the prescribed fees should be paid within two months. If the registration formalities are completed on time, the Patent Office will grant the patent right and issue a patent certificate, which will be recorded in the patent register and will be recorded in the patent registration book within two months. If an announcement is made in the Patent Gazette later and the registration formalities are not completed in accordance with regulations, the right to obtain the patent right will be deemed to have been waived.6. Legal basis: "Patent Law of the People's Republic of China"
Article 39: If no reason for rejection is found after substantive examination of the invention patent application, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. Invention patent The right shall take effect from the date of announcement.
2. How many years is the protection period of an invention patent?
1. The protection period of Chinese invention patents is 20 years. Failure to pay the patent annual fee or make a written statement to abandon the patent as required If the right is granted, the protection period shall be terminated early;
2. The term of invention patent is twenty years, and the term of utility model and design patents are valid for ten years, both calculated from the filing date.
3. If any of the following circumstances occurs, the patent right shall be terminated early before the expiration of the term:
(1) Failure to pay annual fees as required;
(2) The patentee waives the patent right in a written statement.
4. If the patent right is terminated early before the expiration of the term, it shall be registered and announced by the Patent Administration Department of the State Council.
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