How to handle the process of patent application, how to handle the process of patent application

Applying for a patent requires the following process:

1. The applicant shall submit a written application;

2.After receiving an application for a patent for invention, the patent administration department shall conduct a preliminary examination for a period of 18 months. If the review passes, it will be published immediately;

3.If the invention patent application passes the substantive examination within three years from the filing date, an invention patent certificate shall be issued.

Legal basis: Article 26 of the Patent Law of the People's Republic of China. To apply for a patent for invention or utility model, a written request, a description and its abstract, claims and other documents 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 provide a clear and complete description of the invention or utility model and be capable of being realized by a person skilled in the art to which it belongs. If necessary, drawings should be available.

The technical points of the invention or utility model shall be briefly stated. The claims should be based on the description and clearly and concisely define the scope of patent protection. For inventions and creations made on the basis of genetic resources, the applicant shall indicate in the patent application documents the direct and original ** of the genetic resources; If the applicant cannot explain the original **, the reasons shall be explained.

The process of applying for a patent application is as follows: 1. The process of applying for an invention patent is to submit the application documents, accept, preliminarily examine, substantively examine, and authorize; 2. The process of applying for invention or utility model patent registration is to submit application documents, acceptance, preliminary examination, and authorization.

[Legal basis].

Article 26 of the Patent Law provides that a person who applies for a patent for invention or utility model shall submit a written request, a description and its abstract and claims. Article 34 After receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, the patent administration department shall 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 date of filing of an application for a patent for invention, 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 If no reason for rejection is found in the substantive examination of an application for a patent for invention, the patent administration department shall make a decision to grant a patent for invention, issue a certificate of invention patent, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

The process of applying for a patent is as follows:

1. Submit the application (prepare the materials).

2. Preliminary examination. The preliminary examination division of the patent office examines whether the requirements for formal examination are met, which takes about three months.

3. Application for disclosure. After the expiration of 18 months from the filing date, the patent office discloses the contents of the patent application. Except for applications for early disclosure (about 6 months).

4. Substantive examination. If a request for substantive examination is filed within three years from the filing date and the fee is paid, the substantive examination procedure will be initiated after acceptance by the Patent Office. If the applicant agrees to file a request for substantive examination at the time of filing the patent application and pays the request fee for substantive examination, the applicant will enter the substantive examination stage in about 6 months (which is conducive to obtaining the grant as soon as possible).

The examiner of the patent office issues a Notice of Office Action (an average of three times) after satisfying the novelty, inventive step and other substantive conditions for granting the technical solution for which protection is sought. If there are grounds for refusal, or a patent application.

whether the scope of protection should be narrowed, etc.

5. Authorization. If the examiner does not find the reasons for rejection or satisfies the conditions for grant after reasonable argument by the first person, the Patent Office shall issue a notice of grant of the patent right. The patent certificate will be obtained about 2 months after receiving the notice and paying the fee.

6. Issuance of certificates. Precautions for patent application

1. First of all, draft the patent application documents. It takes about 15 days, and if you are in a hurry to apply, you can expedited the processing, but the expedited fee will be charged appropriately.

2. Submit the patent application and pay the "invention patent application fee", which takes 3 days (accepted on the same day and issued within 10 days).

The procedures for handling a patent application are as follows: 1. Where to apply for a patent; 2. Acceptance; 3. Preliminary examination; 4. Publicity; 5. Request for substantive examination; 6. Substantive examination; 7. Authorization. Article 26 of the Patent Law stipulates that a person who applies for a patent for issuance of a patent such as a patent for a utility model shall submit a request, a description and its abstract and claims.

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.

Analysis of the Law of the Department of Legal Disorder: 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 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 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed by combining the shape, structure or coarse pin of a product. Design refers to a new design that is aesthetically pleasing and suitable for industrial application made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. The types of patents vary from country to country.

The types stipulated in China's patent law are: invention patents; utility model patents; Design patents.

How to apply for a patentWhat is the process? In order to obtain patent rights, applying for a patent is a necessary procedure, and patent rights are intangible assets that will bring great benefits to enterprises or inventors. Intellectual Property has compiled the following related knowledge for you, and we hope to be able to help you.

How to apply for a patentWhat is the process?

1) Application for invention patent.

1. Examination and approval process for invention patent application: patent application - acceptance - preliminary examination - publication - request for substantive examination - substantive examination and negotiation - authorization.

2. Documents to be submitted to apply for invention patents.

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, if only words are enough to clearly and completely describe the technical solution, there can 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.

2) Description: including the name of the utility model 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. The content of the specification shall be written in detail, and the technical content shall be subject to the fact that a person skilled in the art of the art can realize it after reading.

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 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.

3) Brief description of the design: A brief description of the design should be submitted if necessary.

So that's how to apply for a patent, what is the process? Applying for patents in a timely manner through legal procedures has great commercial value for enterprises. If you want to apply for a patent or buy a patent, you are welcome to consult an intellectual property professional consultant.

What are the invention patent application procedures and material patent application conditions?