When will the acceptance notice be obtained after obtaining the patent application receipt
According to the provisions of the Implementing Regulations of my country’s Patent Law, the applicant After submitting the patent application materials, the relevant administrative departments will review the patent. If the patent meets the acceptance conditions, the applicant will be notified, but there is no clear regulation on the notification time.
"Implementing Rules for the Patent Law of the People's Republic of China"
Article 38 The Patent Administration Department of the State Council receives After the request, description (utility models must include drawings) and claims for an invention or utility model patent application, or the request for a design patent application, pictures or photos of the design and a brief description, the filing date and the date of application must be clearly stated. Application number and notify the applicant.
Conditions for acceptance of patent applications
(1) There is a request in the application document Book. The request should specify the type of patent applied for; Indicate the applicant’s name and address.
(2) There is a description in the invention patent application document and claims; the utility model patent application document must have a description (must have instructions and drawings) and claims; the design patent application document must have pictures or photos.
(3) The application documents must be typed in Chinese or printed. The handwriting and lines of all application documents are clearly legible and have not been altered. At least the contents can be easily distinguished. The description, drawings, and pictures of the design of the invention or utility model are drawn in indelible handwriting and have not been altered.
(4) The applicant is a foreigner, It should comply with the relevant provisions of Article 19 of the Patent Law, and its country of origin should comply with the relevant provisions of Article 18 of the Patent Law.
(5) The applicant is a legal person or resident of Hong Kong, Macao and Taiwan, and should go through the entrustment procedures in accordance with relevant regulations.
For applications that meet the acceptance conditions, the acceptance procedures At the end of the process, the Patent Office will issue an acceptance notice and a fee payment notice.
The patent applications that will not be accepted include Which
The application for invention or utility model patent submitted by the applicant to the Patent Administration Department of the State Council shall include a patent application request, description (utility model including drawings) and claims or submit An application for a design shall include a request for patent application, design pictures or photos. If the patent administration department of the State Council finds that the application document contains any of the following circumstances, the patent application will not be accepted:
1. The invention or utility model lacks a request letter, description (the utility model has no drawings) and claims. book, or the design patent lacks a request letter, pictures or photos;
2. No Chinese is used;
3. Various application documents are not typed, printed, or written in accordance with regulations, and the accompanying drawings are not drawn in accordance with the requirements for drawing graphics;
4. Failure to use Arabic numerals to number serial numbers in accordance with the requirements of the "Implementing Rules of the Patent Law of the People's Republic of China";
5. The applicant’s name and address are missing from the request;6. Clearly inconsistent with Articles 18 and 10 of the Patent Law Nine provisions;
7. The category of the patent application (invention, utility model or design) is unclear or difficult to determine.
The above knowledge is the editor's answer to the question "When should the acceptance notice be obtained after obtaining the patent application receipt?", which is implemented in accordance with China's patent law According to the regulations, after the applicant submits patent application materials, the relevant administrative department will review the patent. If it meets the acceptance conditions, the applicant will be notified, but there is no clear provision on the notification time. If readers need legal help, please come to Legal savior network for legal consultation.
