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Hello, you can file a request for accelerated examination with the Patent Office.
Patent applications for inventions, utility models and designs may be requested to the State Intellectual Property Office for accelerated examination.
1. The invention patent application for which early examination is required must be an electronic application, which has been disclosed and entered into substantive examination;
2. Materials to be submitted for early examination of invention patent applications:
1) The report on speeding up the examination of invention patent applications, if the unit proposes to speed up the examination, it must be submitted in the form of a document, and if the individual requests to speed up the examination, it can be printed.
3) the public text of the invention patent application published by the State Intellectual Property Office;
4) A copy of the notice of entry of the invention into the substantive examination;
5) A copy of the invoice for the payment of the substantive examination fee of the invention patent;
6) The applicant is a unit with a copy of the business license of the enterprise or a copy of the legal person certificate of the agency or institution, and a copy of the ID card of the individual.
7) If the applicant entrusts another person to handle the request for accelerated application, a power of attorney shall be submitted.
3. Reasons for expedited: The reasons for expedited examination in the request may be as follows: (i) it is found that someone has copied and used it; (ii) has been implemented in their own enterprises to solve the problem of re-employment of laid-off personnel; (iii) the transfer of the patented technology applied for; (iv) The patent applied for as a stake in the technology:
v) Listed in the national, provincial (municipality, autonomous region) major scientific and technological projects, etc.
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It will take about one year to apply for an accelerated review.
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Legal analysis: 1. Authorized invention patent refers to the legally effective authorization certificate given after passing the examination of the State Intellectual Property Office, which considers that its technology meets the authorization requirements of the patent. 2. China's patent application is an application authorization system; Apply for authorization, only after authorization, your technical solution can be called a patent, and if it is not authorized, it can only be called a technical solution.
Legal basis: Patent Law of the People's Republic of China
Rule 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and practical. Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.
Utility means that the invention or utility model can be manufactured or used and can produce positive effects. For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.
Article 23 The design for which a patent right is granted shall not belong to the existing design; Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date. The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design. The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date.
For the purposes of this Law, the term "existing design" refers to a design that has been known to the public at home and abroad before the filing date.
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In China, there are three types of patent applications: appearance patent applications, utility model patent applications, and invention patent applications.
In China, there are three types of patent applications: appearance patent applications, utility model patent applications, and invention patent applications.
Design patent application.
1) For a design patent application, it is necessary to prepare the appearance view of the six sides of the product, fill in the "Design Patent Application" together with a brief description of the design, and submit the application documents to the State Patent Office.
After submitting the application, you can get the Notice of Patent Acceptance in about a week; About 3-5 months, the Patent Office will issue the Notice of Grant of Design Patent Right and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months.
2) Application for utility model patents and invention patents.
Both utility model patents and invention patents need to be drafted with a patent specification and submitted to the State Patent Office together with the application for the patent. Since the Patent Law stipulates that an invention patent is subject to substantive examination only after the publication of the patent specification of the application, the purpose of submitting an advance disclosure statement is to enter the substantive examination as soon as possible, so as to shorten the period of patent application. Therefore, invention patents also need to submit two documents: the "Statement of Request for Advance Disclosure" and the "Request for Substantive Examination".
1. After the application for utility model patent is submitted, the "Notice of Patent Acceptance" can be obtained in about a week; In about six months, the Patent Office issues the Notice of Grant of Utility Model Patent and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months.
2. After the invention patent application is submitted, the "Notice of Patent Acceptance" can be obtained in about a week;
After the application is submitted, the preliminary examination stage is carried out, and the examination is qualified, and the specification of the applied patent is disclosed in accordance with the advance disclosure statement, that is, the substantive examination stage is entered; If the substantive examination is qualified, the Notice of Grant of Invention Patent and the Notice of Registration Formalities will be issued. After paying the fee in time, the certificate will be issued in about two months. The invention patent application process takes about three years.
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Generally speaking, large enterprises pay attention to the development of intellectual property rights, will set up a special intellectual property department, patent application will be responsible for the application of a special person, but more enterprises, due to their own development restrictions, in essence do not have patent documents and other aspects of the application process, if careless, it will lead to the leakage of the technology, causing adverse effects, so, if the enterprise itself does not have professional personnel, it is recommended to apply for a patent in a professional company, although the cost is higher than their own application, but, The quality of the application and the confidentiality of the technology are ensured, and the authenticity of the company can be inquired from the official ** of the Chinese Patent Office to find the ** and the age of existence of the ** institution, which can be used as a standard for judgment.
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Hello, I'm honored to ask you about the invention patent, how to call the formal authorization inquiry method as follows, pro-<><
1) First enter the official website of the State Intellectual Property Office, click on the "Patent Search and Query" in the upper menu bar, and click on the "China Patent Inquiry System" again after entering. (2) After entering the "China Patent Inquiry System", click "Click to enter" under the public inquiry, and then select "Agree to the above statement" to continue. (3) Enter the name of the patent, query, and then click on the "basic information" of the patent, check the basic information to see whether the patent has been authorized, or withdrawn, or the patent has expired
If there are two announcement numbers under the "Invention Publication and Authorization Announcement", the general patent is called the authorization register. There are details of the patent under "Transaction Announcement". It should be noted that utility model patents can only be retrieved after they are authorized and published, and invention patents can be retrieved after they are published before substantive examination.
I hope mine can help you, dear
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Many invention patent applicants do not understand the process from invention patent application to authorization, and today we will learn about the relevant knowledge of invention patent application.
China's patent office in the knowledge of the user to apply for a patent, will be accepted and reviewed, if the requirements of the state, the patent office will be the filing date to determine, and then will communicate with the applicant through the way of notification, in the process of invention patent application, this stage of acceptance is very important, in this process the user will be the relevant documents and drawings and so on to submit, if the submitted documents or drawings have problems, it can not be passed, Therefore, in the process of submitting relevant documents, the applicant must do a good job of reviewing the content of the document, first of all, the various text expressions in the document should be clear and organized, in addition, there can be no ambiguity or traces of alteration, once these problems occur, it will lead to the failure of the review, or pay attention to it. The applicant's name and address must be clearly stated in the book.
In the process of applying for an invention patent, the second step is the preliminary examination stage, and then after entering this step, there will usually not be too many problems, the user has to pay a certain fee during the examination process, and then it will enter the third process, that is to say, the publication stage, after the publication, if there is no problem, it will enter the fourth process, that is, the substantive examination stage, if there will be no obvious deviation problem at this time, the novelty and inventiveness of the patent are determined, It will enter the fifth stage, which is the authorization stage that users are most concerned about, usually about two months after the applicant submits the notification to be able to get the authorization.
From the above essay, it can be seen that the process of applying for invention patents to authorizing is still relatively cumbersome, so when the user has relatively little understanding of this type of information, can the relevant work be completed, in fact, it can also be completed, such as finding this type of platform to help, the service quality provided by this type of platform is not only in place but also the charge is also fierce in the service process.
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