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Where an application is made for an invention patent, the application documents shall include: a request for a patent for a patent, an abstract, drawings of the abstract (if applicable), a description, a claim, and a drawing of the description (if applicable), each in duplicate.
For an invention patent application involving an amino acid or nucleotide sequence, the sequence listing shall be included in the specification, the sequence listing shall be submitted as a separate part of the specification, and the page numbers shall be prepared consecutively with the description, and a CD-ROM or floppy disk containing the sequence listing shall also be submitted in accordance with the provisions of the State Intellectual Property Office.
Where an application for a utility model patent is made, the application documents shall include: the application for the utility model patent, the abstract, the abstract drawings (if applicable), the description, the claims, and the drawings of the description, each in duplicate.
If an application for a design patent is made, the application documents shall include: an application for a design patent, ** or ** (if a color is claimed, a color ** or ** shall be submitted) and a brief description of the design, each in duplicate. If ** is submitted, both copies should be **, and if ** is submitted, both copies should be **, and ** or ** should not be mixed.
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To apply for a utility model patent, the patent application documents shall include: the application for the utility model patent, the description, the drawings of the description, the claims, the abstract and the drawings attached to the abstract, each in duplicate.
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To apply for a utility model patent, the following materials are required: 1. A request for a utility model patent. The request shall state the name of the utility model, the name or title of the applicant, the address, and other matters.
2. Manual. The description shall give a clear and complete description of the utility model, which shall be subject to the realization of a person skilled in the technical art; Where necessary, drawings should be available. 3. Abstract and claims and other documents.
The abstract shall briefly describe the technical points of the utility model. The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection. Article 26 of the Patent Law of the People's Republic of China.
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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 clearly state the name of the invention or utility model, the name of the inventor or designer, 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 state the scope of the claimed patent protection.
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Legal Analysis: Section 1.
1. Utility model patent application stage. The application materials for a utility model patent shall include: a request for a utility model patent, a description, drawings to the description, claims, an abstract and drawings of the abstract.
Clause. 2. Examination stage of utility model patent. A preliminary examination system is implemented for utility model patent applications, and during the preliminary examination process, the examiner will issue a notice of amendment to the formal issues in the application documents. The applicant made amendments to the notice.
Clause. 3. Utility model patent authorization stage.
Legal basis: Detailed Rules for the Implementation of the Patent Law of the People's Republic of China
Rule 38 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, a design or a brief description, the patent administration department shall specify the filing date, give the application number, and notify the applicant.
Rule 48 From the date of publication of the application for a patent for invention to the date of the announcement of the grant of the patent right, any person may submit an opinion to the patent administration department on a patent application that does not comply with the provisions of the Patent Law, and explain the reasons.
Rule 49 Where an applicant for a patent for invention is unable to submit the search materials or examination results specified in Article 36 of the Patent Law for legitimate reasons, he shall make a declaration to the patent administration department and submit the relevant materials after obtaining them.
Rule 51 An applicant for a patent for invention may take the initiative to amend an application for a patent for invention at the time of filing a request for substantive examination and within three months from the date of receipt of the notice of entry into the substantive examination stage of an application for a patent for invention issued by the patent administration department.
An applicant for a patent for utility model or design may take the initiative to amend the application for a patent for utility model or design within two months from the filing date.
If the applicant amends the patent application documents after receiving the notice of reasons for refusal issued by the patent administration department, it shall revise the defects pointed out in the notice.
The patent administration department may, on its own initiative, correct obvious errors in the Chinese characters and symbols of the patent application documents. If the patent administration department makes the amendment on its own, it shall notify the applicant.
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To apply for a utility model patent, the following information is required: 1Patent application The patent application shall contain basic information, such as the name of the utility model patent, the name of the utility model owner, the name of the applicant, the address, and other relevant information.
2.Patent Specification The specification of a utility model patent shall give a clear and complete description of the utility model, and the utility model patent described shall be subject to the technical realization of a skilled person in the technical field. If there are drawings in the specification, the drawings of the description shall be submitted.
3.Claims of a utility model patent The claims should be based on the description and clearly and concisely state the scope of the claimed patent protection. 4.
Abstract of a Utility Model Patent The abstract of a utility model patent shall clearly and concisely explain the technical points of the patent. Article 26 of the Patent Law of the People's Republic of China.
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