Where to register a patent, how to register it, and what are the procedures

Legal analysis: accept the patent fees paid by the applicant in person, or remitted by the bank or post office. The date of payment of patent fees shall be determined in accordance with the Patent Law, the Detailed Rules for the Implementation of the Patent Law and relevant provisions.

1) If the patent fee is paid in person, the date of payment shall be regarded as the payment date, and the payer shall carefully fill in the payment list as the accounting voucher according to the regulations.

2) If the remittance is made by bank, the remittance date shall be taken as the payment date, and the bank remittance slip and remittance list shall be used as the accounting voucher. If the necessary payment information (patent application number and fee type) is missing from the bank transfer slip, the payment date shall be the date on which the correct payment information is received.

3) If the remittance is made through the post office, the remittance date shall be taken as the payment date, and the copy of the remittance slip of the post office shall be used as the accounting voucher. If the necessary payment information (patent application number and fee type) is missing in the section of the remittance slip at the post office, the refund will be processed directly, and the original remittance date will not be retained after the refund.

4) After receiving the payment from the parties, use the computer charging system provided by the Patent Office of the State Intellectual Property Office to keep accounts, and print the receipts in quadruplicate, the first and third copies are sent to the Patent Office of the State Intellectual Property Office, the second copy is handed over or sent to the payer, and the fourth copy is bound together with the accounting voucher.

1. The applicant fills in the payment information according to the content of the payment list.

2. The agency will provide payment information according to the payer, and collect the fee and print the receipt.

3. The payer shall check the printed payment receipt and payment.

4. The agency will send the first and third copies of the payment receipt to the Patent Office of the State Intellectual Property Office on the next day, and at the same time telegraph the payment information to the Patent Office of the State Intellectual Property Office.

Legal basis: Patent Law of the People's Republic of China

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 right of invention for invention, 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. Losses.

Article 40 Where no reason for rejection is found in an application for a patent for utility model or design after preliminary examination, the patent administration department shall make a decision to grant a patent for utility model or a design patent, issue a 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.

Procedure for applying for patent registration:

1. The procedures for applying for the registration of a patent for invention are to file an application, acceptance, preliminary examination, substantive examination, and issuance of a patent right;

2. The procedure for applying for registration of a patent for invention or utility model is to file an application, acceptance, preliminary examination, and issuance of a patent right.

[Legal basis].

Article 26 of the Patent Law, which came into force on June 1, 2021.

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

Article 34.

After receiving an application for a patent for invention, if the patent administration department finds that it meets the requirements of this Law after preliminary examination, it shall publish it immediately after eight 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 invention patent application, the patent administration department may conduct a substantive examination of the application according to the request of the applicant at any time; 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.

If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it when it is pure mu. The invention patent right shall take effect from the date of publication.