-
1. What is the patent application process?
1. Preparation of application documents.
2. Submit an application. The applicant shall submit the application documents to the Acceptance Office of the Patent Office of the State Intellectual Property Office or the local agency offices under the Patent Office, which generally takes 3 days.
3. Preliminary examination of invention patents. If the documents of the patent application meet the format requirements and the application fee is paid in accordance with the regulations, it will automatically enter the preliminary examination stage. The preliminary examination procedure mainly examines whether the application has obvious substantive defects.
4. Announcement. The invention patent application enters the waiting stage from the issuance of the "Notice of Preliminary Examination". The applicant requests early publication. then the application immediately proceeds to the publication preparation procedure. About 3 months later, it was published in the Patent Gazette.
5. Substantive examination of invention patents. After the publication of the invention patent application, if the applicant has filed a request for substantive examination and has paid the substantive examination fee, the Patent Office of the State Intellectual Property Office will issue a notice of entering the substantive examination procedure, and the application will enter the substantive examination procedure at the same time.
6. Rejection or Authorization. If an application for a patent for invention is found to be inconsistent with the provisions of the Patent Law after substantive examination, the application shall be rejected and no reason for rejection is found, and the Patent Office of the State Intellectual Property Office shall issue a "Notice of Authorization" and a "Notice of Registration". Inventions for new products, new processes, and new technologies are subject to strict examination and require 2 to 3 years to be authorized.
7. Pay the fee. The patent fee standard (domestic part) collected by the State Intellectual Property Office shall be implemented in accordance with the provisions of the domestic part of the patent fee standard. The reduction of patent fees for patent applicants or patentees in financial difficulties shall be implemented in accordance with the relevant provisions of the Measures for Reduction of Patent Fees.
The PCT patent application fees collected by the State Intellectual Property Office shall be implemented in accordance with the relevant provisions of the PCT Patent Application Fee Standards.
8. Issue patent certificates.
2. What are the fees for applying for a patent?
The fee for applying for a patent includes official fees and ** fees. The official fee is a fee paid to the State Intellectual Property Office. If you ask a patent agency to do it on your behalf, then you need a fee.
Due to the complexity of applying for patents, especially the drafting of patent documents, and the long application process, it is generally entrusted to the patent agency.
-
Legal analysis: The following steps are required to apply for a patent: 1. The applicant submits a written application in accordance with the law; 2. After receiving the application for invention patent, the patent administration department shall conduct a preliminary review for 18 months, and if the application is passed, it shall be published immediately; 3. If the invention patent application passes the substantive examination within three years from the filing date, the invention patent certificate shall be issued.
Legal basis: Patent Law of the People's Republic of China
Article 26 Where an application for a patent for invention or utility model is made, a written request, a description thereof, an abstract and a claim shall be submitted.
Rule 34 After receiving an application for a patent for invention, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and publish it 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 applicant.
Article 35 Within three years from the filing date of an application for invention patent, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Article 39 Where no reason for rejection is found in an application for invention for invention after substantive examination, the patent administration department shall make a decision to grant the office a crude invention patent, issue a certificate of invention patent, and register and publish it at the same time. The invention patent right shall take effect from the date of publication.
-
In order to promote the development of modern science and technology, the state vigorously encourages invention and creation, and also protects people's rights to product patents, and the state has also issued special laws and regulations, such as intellectual property law, to protect people's rights。If people create a unique product, discover or appear a certain trace of travel that has never been discovered by others, phenomenon, you can apply for a patent with the state, let us take a look at the steps required to apply for a patent?
1. Submit a patent applicationIf you have invented a unique product through your own wisdom and creativity in your own life, you must first do a good job of confidentiality, and you must not let your precious intellectual achievements be stolen by others, and secondly, you must submit the relevant patent application as soon as possible. After filing, the national intellectual property office will issue the relevant notice of acceptance, and then they will pass the preliminary examination, and then publish it, and then conduct a round of substantive examination, which will be more careful to prevent the applicant from stealing other people's property rights, and after the above work is completed, the person who submitted the patent application will be authorized.
2. After the State Intellectual Property Office authorizes the person applying for the patent, then the relevant documents can be submitted, which mainly include the following. The first is the request, which includes the name of the patent, the name of the creator, the address, etc. The second Wenzi rental is the specification, which is mainly a specific description of the patent, including the name of the patent, as well as the specific content of the patent, its use, and how it should be used, and it is best to attach ** for specific instructions.
3. Precautions in the process of applying for a patentBefore applying for a patent, you must check whether there are some patents similar to your own invention and creation, if you find similarities, then the patent you will apply for is invalid, if you do not have the same product design as yourself, then you can apply for relevant patents.
-
The first thing is to apply for a patent, and then the relevant department will accept it, and at the same time, it will also conduct a preliminary examination, and then the information will be published, and then there will be a substantive examination request, and then it will be authorized.
-
1. Patent application; Ant Sun.
2. Acceptance; 3. Preliminary examination;
4. Ruler verification announced;
5. Request for substantive examination;
6. Examination of the excavation of real tombs;
7. Authorization.
-
The process of applying for a patent is as follows.
1. The patent applicant shall issue a patent application to the State Intellectual Property Office, prepare the relevant materials, confirm the authenticity of the materials, and submit the patent application in electronic form or in written form.
1) If the applicant applies for a patent in the form of an electronic file, he or she shall go through the registration procedures for the user of the electronic application in advance and submit the application documents and other documents to the Patent Office through the patent electronic application system of the Patent Office.
2) If the applicant applies for a patent in writing, the application documents and other documents may be submitted in person to the acceptance window of the Patent Office or sent to the "Acceptance Office of the Patent Office of the State Intellectual Property Office" (hereinafter referred to as the Acceptance Office of the Patent Office), or to the acceptance window of the local Patent Office of the Patent Office located in the local area or to the local agency of the Patent Office of the State Intellectual Property Office.
2. The State Intellectual Property Office accepts the request issued by the applicant, and the Patent Office accepts it. Where an application is made for an invention patent, the application documents shall include: a request for a patent for a patent, an abstract of the description (abstract drawings shall be submitted if necessary), claims, and a description (drawings of the description shall be submitted if necessary).
3. The applicant pays the application fee.
1) E-filing users can log in to the e-filing website and pay patent fees using online payment.
2) Pay the patent fee directly to the Patent Office or the Patent Office Agency.
3) Remittance of patent fees through a bank or post office. When remitting patent fees through a bank or post office, the correct application number (or patent number) and the name of the fee (or abbreviation) should be written in the postscript column of the remittance slip.
4. The Patent Office accepts and preliminarily examines the application. After receiving a patent application from the Patent Office or the Patent Office Representative, the application date will be determined, an application number will be given, and a notice of acceptance will be issued to the application that meets the acceptance conditions.
If the conditions for acceptance are not met, a notice of inadmissibility will be issued. After receiving the notice of acceptance and the notice of payment, the applicant shall carefully check the information on the notice, and if there is any objection to the information in the notice, it shall submit it to the Patent Office in a timely manner.
If the application documents are sent to the Acceptance Office of the Patent Office, the notice of acceptance of the Patent Office can generally be received within about one month, and if the notice of the Patent Office has not been received for more than one month, the applicant shall inquire with the Acceptance Office of the Patent Office in a timely manner. If there is a change in the address of the applicant or patentee, the applicant or patentee shall promptly submit a change in the bibliographic items to the Patent Office; If the applicant dissolves the relationship with the patent office, it shall go through the change procedures with the patent office.
5. Grant of patent rights.
-
Three types of patent application process:
(1) Application for invention patent
1. Examination and approval process for invention patent application: patent application, acceptance, preliminary examination, publication, substantive examination request, substantive examination, authorization.
2. Documents to be submitted to apply for an invention patent.
2) Description: including the name of the invention patent, the technical field to which it belongs, the background art, the content of the invention, the description of the drawings and the specific embodiment.
4) Drawings of the specification: Invention patents often have drawings, and if only words are sufficient to clearly and completely describe the technical solution, there may be no drawings.
(2) Application for utility model patent
1. Approval process for utility model patent application: patent application, acceptance, preliminary examination, announcement, authorization.
2. Documents to be submitted to apply for a utility model patent.
4) Drawings of the specification: The utility model patent must have a description of the drawings.
5) Specification abstract: clearly reflect the technical problem to be solved by the invention, the main points of the technical solution to solve the problem, and the main use.
(3) Application for a design patent
1. The process of applying for a design patent: patent application, acceptance, preliminary examination, announcement, authorization.
2. Documents to be submitted for appearance patents.
At least two sets or (front, back, top, bottom, left, right, or stereogram if necessary).
2) Brief description of the design: A brief description of the design should be submitted if necessary.
-
To apply for a patent, the necessary application documents must be submitted to the State Intellectual Property Office in accordance with the regulations, and the application documents can be directly submitted to the acceptance office of the State Intellectual Property Office and the agencies, or it can be mailed to the State Intellectual Property Office, and it can also be entrusted to the first institution.
The applicant shall pay the application fee within two months from the filing date or within 15 days from the date of receipt of the notice of acceptance. To pay the application fee, you must indicate the corresponding application number and the necessary payment information.
According to the Patent Law, the examination and approval process for an invention patent application consists of five stages: acceptance, preliminary examination, publication, substantive examination and grant.
The flow chart of the application and examination of invention patents is as follows:
-
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 applicant shall apply to the State Patent Authority for the acquisition of a patent right, which shall be approved by the State Patent Authority and issue a certificate. Therefore, it is very necessary to understand the patent application process, so what are the general steps of a patent application?
One. The first step is to consult the patent application process.
1.When applying for a patent, the applicant needs to first determine whether the content of the invention is patentable; For this consultation, it is advisable to determine the correct conclusion after comparing more consultations. Since the salary of many information recipients is currently a commission system, there are times when there are inappropriate responses to inquiries.
2.What type of patent can be applied for for the content of the invention (invention. utility model. design) to apply for the content of the invention-creation.
Two. The second step of the patent application process for signing the **entrustment agreement.
At this time, the purpose of signing the ** agreement is to clarify the rights and obligations between the applicant and the patent ** institution, mainly to limit the patentee's confidentiality obligation to the applicant's invention and creation.
Three. The third step of the patent application process is technical disclosure.
1.The applicant shall provide the background information of the relevant invention or the content of the entrusted prosecution family to the patentee;
2.The applicant will give a detailed introduction to the content of the invention and creation to help the patentee fully understand the content of the invention and creation.
Four. Determine the patent application process for the application scheme 4.
On the basis of understanding the invention and creation, the applicant will make a preliminary judgment on the prospect of the patent application and suggest that the applicant withdraw the application with little possibility of patent grant. At this time, the agency will charge a small consultation fee and most of the application fee will be refunded to the applicant. If the patent grant prospect is broad, the patentee will submit a clear application plan under the condition of obtaining the consent of the applicant.
Scope and content of protection.
Five. The five-step patent application process for preparing application documents.
1.Writing patent application documents;
2.Preparation of application documents;
3.File a patent application and obtain a patent application number.
6. Patent applications that have entered the examination.
After filing your own patent, you need to apply for a patent at the Chinese Patent Office.
During the examination process, the patentee will review the patent. Statement of Opinion. Reply. Corrections such as changes. If necessary, the applicant shall cooperate with the patentee to complete the above work.
Seven. Examination Conclusion: Patent Application.
The design is about 6 months, the utility model is about 10-12 months, and the invention patent is about 2 4 years, and the Chinese Patent Office will make an authorization or rejection conclusion according to the examination of Sun Dai.
8.The last step in the patent application for a patent registration formality or a request for reexamination.
If the patent application is granted, the registration formalities shall be carried out in accordance with the requirements of the patent grant notice, and if the patent application is rejected to obtain a patent certificate, it shall be determined whether to file a request for reexamination according to the specific circumstances.
Inventions and utility models for which a patent is granted shall be novel, inventive and practical. >>>More
To make a statement: it was not that I plagiarized the answer of "Wanyan Kangkang", but that he plagiarized my previous answer. Cough! The champion also plagiarized!!
Need to prepare:
1. Description, claims, and abstract. The specification is a detailed description of your patented technology, the claims summarize the scope of the technical solution you protect, and the abstract is a brief description and does not need to be made in kind. **It can also be hand-drawn, as long as it is clear, and it does not need to be drawn according to the cartographic standard. >>>More
Analysis of legal sub-leases: Applying for patents costs money. When entrusting, the applicant needs to pay the ** fee and official fee. >>>More
Judging from the fact that you mentioned in the office action notice, "this proposal can be thought of by people in the industry", you should respond to the inventiveness of the application. >>>More