What are the steps of applying for a patent and what are the steps of applying for a patent

The specific steps to apply for a patent are:

Application Stage. The applicant needs to prepare the application materials and file the patent application with the patent office.

Preliminary examination. After the patent application is accepted, the applicant will enter the preliminary examination stage after paying the patent application fee. It will mainly examine whether the patent itself meets the requirements of relevant laws and regulations, whether the application materials are complete, and whether the format meets the requirements.

Patent publication. Once the patent is examined, the patent can be published and protected by law.

Substantive examination. After the patent is published, the patent will enter the substantive examination stage. During the substantive examination, a comprehensive examination will be conducted on the novelty, inventive step, practicability and other substantive conditions stipulated in the Patent Law.

Patent licensing. After passing the substantive examination, the patent office will grant the patent right and issue a patent certificate.

The process of applying for a patent application has different processes depending on the type of 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; In about six months, the Patent Office issues 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. Both utility model patents and invention patents need to be drafted with the patent specification and submitted to the State Patent Office together with the application for the patent, as well as two documents, the Statement of Request for Advance Disclosure and the Request for Substantive Examination. After the application for a utility model patent is submitted, the Notice of Patent Acceptance can be obtained in about a week; About six to eight 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.

3. After the invention patent application is submitted, the "Notice of Patent Acceptance" can be obtained in about one 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.

Legal Analysis: The detailed steps are as follows:

2) Submission of materials.

3) Accept the notice of acceptance issued by the State Patent Office.

4) Pay the application fee.

5) Examination of the application by the Patent Office.

6) Obtain the patent certificate.

Legal basis: Article 26 of the Patent Law of the People's Republic of China Where an application for a patent for invention or utility model is made, the request, the description and its abstract and the claims shall be submitted.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.

The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection.

For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

1. Patent application.

To apply for a patent, the applicant shall first submit a patent application to the State Intellectual Property Office, submit the necessary application documents when submitting the patent application, and pay the relevant fees according to the regulations. At the same time, the patent application can be in written form or electronic form.

2. Acceptance by the Patent Office.

After the applicant submits the patent application, the patent office determines the patent application date, assigns the application number, and issues a notice of acceptance.

3. Preliminary examination.

After the patent office accepts the application, it conducts a preliminary examination of the patent application. After passing the preliminary examination, it will be published within 18 months from the filing date.

4. Substantive examination.

If the preliminary examination of the application for a utility model or design patent is qualified, or if the application for a supplementary certificate is qualified, the Patent Office will initiate a substantive examination of the patent application. The substantive examination is mainly to evaluate the novelty, inventive step, practicability, etc. of the patent.

If the substantive examination is qualified, the Patent Office will grant a patent right to the applied utility model or design patent; If it is unqualified, the applicant shall amend the application documents accordingly, grant the patent right if it is qualified, and reject the patent application if it is not qualified.

5. Grant of patent rights.

After receiving the notice of grant of patent, the applicant needs to go through the registration formalities. The applicant shall pay the patent registration fee, the annual fee and the printing fee for the announcement within the prescribed time limit, and shall also pay the stamp duty on the patent certificate.

The applicant can only go through the registration formalities before the patent certificate.

Article 27 of the Patent Law of the People's Republic of China provides that a person who applies for a design patent shall submit a written request, a brief description of the design and other documents.

The applicant submits a request for the design of the product for which the patent protection is claimed.

Article 34 of the Patent Law of the People's Republic of China*** After receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, it shall be published immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the pure applicant.

Article 40 of the Patent Law of the People's Republic of China If no reason for rejection is found in the preliminary examination of the application for a patent for utility model or design, the patent administration department shall make a decision to grant the patent for utility model or design, issue the corresponding patent certificate, and register and publish it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

Patent application is a necessary procedure to obtain patent rights, whether it is an enterprise or an individual, patent application is the protection of one's intellectual property rights. However, the patent application process is complex, and there are many application materials, such as Shen Fengfeng's documents, such as requests, specifications, abstracts and claims, etc., so we must understand what the steps of applying for invention patents are before applying for invention patents.

The steps of patent application are: for invention or utility model patent, submit the request, description and abstract and claims and other documents to the patent administration department. If an application for a design patent is made, the applicant shall submit a written request, a brief description of the design and a brief description of the design to the patent administration department.

Legal basis] Article 26 of the Patent Law of the People's Republic of China.

Where an application is made for a patent for invention or utility model, the request, description, abstract and claims and other documents shall be submitted.

Article 27.

Where an application for a design patent is made, a written request, a brief description of the design and a brief description of the design shall be submitted. The relevant ** or ** submitted by the applicant shall clearly show the design of the product for which the patent protection is claimed.

1.The process of applying for a personal patent is as follows:

1) Consultation. Consult patent-related knowledge to understand the basic process and theory;

2) Prepare technical disclosures;

3) For Chinese patent searches, the search fee should be paid first. Confirm the novelty of the contents of the preliminary application in the Chinese patent and prevent infringement of the patent rights of others in China;

4)**。** Based on the original materials provided by the applicant, the applicant shall draft the application documents in accordance with the provisions of the Patent Law, the Implementing Rules of the Patent Law and the Examination Guidelines;

5) Acceptance. After receiving the mailed or submitted application documents, the State Patent Office shall send back the notice of acceptance;

6) Preliminary examination. The National Patent Office conducts a preliminary examination of the application documents submitted.

2.Legal basis: Article 22 of the Patent Law of the People's Republic of China.

Patented inventions and utility models shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the patent administration department before the filing date, and it is recorded in the patent application documents published or published after the filing 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.

Practicality refers to the fact 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 known to the public at home and abroad before the filing date.