Patent application and approval procedures, steps and approval procedures for patent applications

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Patent Application Procedure:

1. For the application of an invention patent, the application procedure is application, acceptance, preliminary examination, substantive examination and authorization;

2. If an application is made for an invention or utility model patent, the application procedure shall be for application, acceptance, preliminary examination and authorization.

[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 upon receipt of 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 filing. The patent administration department may publish the application at an early date at the request of the applicant.

Thirty-fifth annihilation.

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substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.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, 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.

Legal analysis: The examination and approval procedure of an invention patent application includes five stages: acceptance, preliminary examination, publication, substantive examination and grant.

In the examination and approval of a patent application for utility model or design, there is no early publication and substantive examination, and there are only three stages: acceptance, preliminary examination and authorization.

The specific process of applying for a patent is as follows:

1. The inventor files a patent application;

2. Accepted by the State Intellectual Property Office;

3. The applicant pays the application fee;

4. Classification by patent office;

5. Preliminary examination;

6. After the invention is qualified, the applicant submits a request for substantive examination, and the request for substantive examination shall be submitted in writing within three years from the filing date;

7. Grant the patent right after passing the substantive examination and obtain the patent certificate.

Legal basis: Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

Article 38: In the preliminary examination, substantive examination, reexamination and invalidation procedures, if the person carrying out the examination and trial has any of the following circumstances, he or she shall recuse himself, and the parties or other interested parties may request his recusal:

(1) is a close relative of the party or its ** person, (2) has an interest in the patent application or patent right, (3) has other relations with the party or its ** person, which may affect the fair examination and trial, and (4) the member of the Patent Reexamination Board has participated in the examination of the original application.

Rule 39 After receiving the request, description (the utility model must include drawings) and claims of an application for a patent for invention or utility model, or a request for a patent for design and a design application, the patent administration department shall specify the filing date, give an application number, and notify the applicant.

Rule 40 If the patent application documents fall under any of the following circumstances, the patent administration department shall not accept the application and notify the applicant:

1) The application for a patent for invention or utility model lacks a request, description (utility model without drawings) and claims, or the application for a design patent lacks a request, ** or ** (2) does not use Chinese (3) does not comply with the provisions of Rule 120.1 (4) The name or title and address of the applicant are missing in the request (5) Clearly does not comply with the provisions of Article 18 or Article 19.1 of the Patent Law (6) The category of the patent application (invention, utility model or design) is unclear or difficult to determine.

Article 41 Where there is a description of the drawings written in the description but there are no drawings or part of the drawings are missing, the applicant shall submit the drawings or declare that the explanation of the drawings is cancelled within the time limit specified by the patent administration department. If the applicant submits supplementary drawings, the date on which the drawings are submitted or mailed to the patent administration department shall be the date of filing and the description of the drawings shall be retained.

According to the Patent Law, the examination and approval process for an invention patent application consists of five stages: restructuring, preliminary examination, publication, substantive examination and grant. There is no early publication and substantive examination of a utility model or design patent application, and there are only three stages: acceptance, preliminary examination and authorization.

The application and examination process for invention patents is as follows:

1. The applicant submits the application for patent judgment in electronic form or in written form

1) If the applicant applies for a patent in the form of an electronic document, 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 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 or to the "Patent Office of the State Intellectual Property Office".

2. Accepted by the Patent Office of the State Intellectual Property Office;

3. The applicant pays the application fee;

4. Classification by patent office;

5. Preliminary examination; If the invention patent is qualified in the preliminary examination, the applicant shall submit a written request for substantive examination within 3 years from the filing date, and if it is not submitted within 3 years, the application shall be deemed to be withdrawn;

6. Substantive examination. Grant of patent rights in qualification; If it is necessary to amend, the applicant shall supplement and correct it, and if the amendment is unqualified, the application shall be rejected.

7. Obtain patent certificate. After completing the registration procedures and paying the fee, you can obtain the patent certificate.

The application and examination process for utility model and design patents is as follows:

1. The applicant submits the patent application in electronic form or in written form

1) If the applicant applies for a patent in the form of an electronic document, 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 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 or to the "Patent Office of the State Intellectual Property Office".

2. Accepted by the Patent Office of the State Intellectual Property Office;

3. The applicant pays the application fee;

4. Classification by patent office;

5. Preliminary examination; Grant of patent rights in qualification; If it is necessary to amend, the applicant shall supplement and correct it, and if the amendment is unqualified, the application shall be rejected.

6. Obtain patent certificate. After completing the registration procedures and paying the fee, you can obtain the patent certificate.

Flowchart:

1. What is the patent examination and approval procedure According to the Patent Law, the examination and approval procedure for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. There are only three stages in the examination and approval of a patent application for utility model or appearance design, so there are only three stages.