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Five steps to applying for a patent:
1. Search and file a patent application
Regardless of whether the owner of the patent is a company or an individual, if you plan to apply for a patent, you must search on the patent search platform in advance. After meeting the application requirements, the application is submitted to the patent office, and if it is qualified, the application number will be obtained and the application fee will be paid.
2. Preliminary examination
In the preliminary examination process, if the invention patent is applied for confidentiality review, it will be handled according to the confidentiality procedure. The application will be scrutinized in detail at this stage, which will normally take no more than 18 months. If the application submitted by yourself still does not pass the review within three months, then you can also check it to see which link has a problem and solve it in time.
3. Substantive examination
Patent application. Within three years, a request for substantive examination can be filed. However, after this request is made, the relevant substantive examination fee will have to be paid, and this time period will take about several months.
If the patent office considers that the applicant's technical solution meets all the conditions of the patent application at the time of examination, it will issue a Notice of Office Action. If the Ministry examines it, the reason for the rejection will be written directly in the notification force. For some patents, it is recommended to narrow the scope of the application because the scope of the application is large, so that the approval rate will be greatly improved when applying.
4. Notice of Authorization
Once all the audits have been completed and the requirements are met, the patent office will grant the grant. After the authorization ends, you should be able to get the corresponding authorization in about two months.
Fifth, the issuance of certificates
Because it takes a certain period of time to make a certificate, after being authorized, wait for about a month, and you can get the corresponding patent certificate, and this patent is really a personal patent that belongs to you thoroughly, without any doubt or doubt.
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Legal analysis: 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 examination for a period of 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.
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Legal Analysis: Patent Application Process: 1. Filling and Writing of Patent Application Documents; 2. Acceptance of patent application; 3. Pay the application fee; 4. Patent examination and approval; 5. Take the initiative to revise and correct the patent application documents; 6. Reply to various notices from the Patent Office; 7. Handle patent registration procedures; 8. Fees to be paid for registration.
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.
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Drafting (application materials such as description and claims) - Submission to the CNIPA --- payment (after receiving the notice of acceptance) - Substantive examination (invention) - Authorization (in the case of a utility model or appearance, there is no substantive examination step).
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