1. What to do if the applicant is unable to submit search data due to legitimate reasons
1. If the applicant for an invention patent is unable to submit the search data or examination result data stipulated in the Patent Law due to legitimate reasons, he shall make a statement to the patent administration department of the State Council and make a supplementary submission after obtaining the relevant data.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Fourth Article 19 If an invention patent applicant is unable to submit the search data or examination result data specified in Article 36 of the Patent Law due to legitimate reasons, he shall make a statement to the patent administration department of the State Council and make a supplementary submission after obtaining the relevant data.
2. How to apply for an invention patent
1. Invention patent application review and approval process: patent application—acceptance—preliminary examination—publication—request for substantive examination—substantive examination—authorization
2. Documents required to apply for an invention patent
(1) Request letter: including the name of the invention patent, the name of the inventor or designer Name, name and title of the applicant, address, etc.
(2) Description: including the name of the invention patent, the technical field, background technology, invention content, description of the drawings and specific implementation methods. The content of the description should be written in detail, and the technical content described should be able to be implemented by ordinary technicians in the technical field after reading it.
(3) Claims: describe the technical features of the invention and clearly and briefly state the content sought for protection.
(4) Instructions attachedDrawings: Invention patents often have drawings. If text alone is enough to describe the technical solution clearly and completely, there is no need for drawings.
(5) Summary of the description: clearly reflect the technical problem to be solved by the invention, the key points and main uses of the technical solution to solve the problem.
According to the provisions of the "Patent Law Implementing Rules", if an invention patent applicant is unable to submit the search data or examination result data stipulated in the Patent Law for legitimate reasons, he shall Make a statement to the Patent Administration Department of the State Council and submit it after obtaining relevant information. 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.
