What is the stage of the patent application process?

When a patent applicant obtains a patent, it needs to submit an application to the patent administration department, and the patent administration department will conduct an examination after accepting the application, and the examination of a patent can be divided into two different stages: substantive examination and preliminary examination. What is the stage of the patent application process? Substantive examination is a stage that must be passed through before an invention patent application can be granted.

The purpose of the substantive examination of an application for a patent for invention is to determine whether an application for a patent for invention should be granted a patent, in particular whether it complies with the provisions of the Patent Law on novelty, inventiveness and practicability. Substantive examination proceedings are usually initiated upon the request of the applicant. If no reason for rejection is found after substantive examination of the patent application, the Patent Office will make a decision to grant the invention patent.

Substantive examination requires the applicant to file a request for substantive examination with the CNIPA within three years from the filing date of the patent (or the priority date if there is a right of priority). Procedures for the request for substantive examination: Submit the "Request for Substantive Examination" (State Intellectual Property Office**have**) within the 3 years mentioned above, and pay the substantive examination fee of 2,500 yuan (if the fee is reduced, the unit only needs 750, and the individual only needs 375).

After requesting the substantive examination and paying the fee, you can wait, and the examiner will issue a "Notice of Office Action" according to the specific situation of the patent application, and you can reply according to the "Notice of Office Action". Types of Substantive Examination of Patents: The substantive examination system is divided into two types: immediate examination and deferred examination. 1.

Immediate censorship, also known as one-time censorship. Immediately after the patent office conducts a formal examination of the application, the contents of the patent application are examined for novelty, inventiveness and utility to determine whether to grant a patent without the need for a request for substantive examination. The advantages of the immediate examination system are that it can ensure the quality of the granted patent rights and reduce litigation disputes, which can simplify the examination procedure to a certain extent.

The disadvantage is that the approval time is long and it requires a large patent examination body. Currently, the United States, Canada, Sweden and other countries practice this censorship system. 2.

Deferred censorship is also known as early disclosure request censorship. That is, after the patent office conducts a formal examination of the patent application, it does not immediately conduct substantive examination, but first discloses the application, and the applicant can request substantive examination at any time from the filing date, and the patent office will conduct substantive examination only after the applicant has filed a request for substantive examination, and only after the applicant has made a request for substantive examination, but only when it has been disclosed. If the applicant does not file a request for substantive examination within the statutory time limit, the application is deemed to have been automatically withdrawn.

The statutory time limit for requesting substantive examination varies from country to country, but is roughly 2 7 years. Japan, West Germany, the Netherlands, etc. for 7 years, Australia and other countries for 5 years, Brazil for 2 years, and China for 3 years. The above knowledge is what stage of the patent application process we belong to?

According to the provisions of the Patent Law, the substantive examination of a patent for invention is the most important stage before obtaining a patent for grant, and the authorization of an invention patent can be obtained through the substantive examination.

Substantive examination of a patent belongs to the stage of patent examination.

The patent shall be published immediately after 18 months from the date of application. After receiving an application for a patent for invention, if it is found to meet the requirements after preliminary examination, the patent administration department shall publish it immediately after 18 months from the date of filing. The patent administration department may, at the request of the applicant, publish the application as early as possible.

Substantive examination of a patent refers to an examination system in which the patent office examines the novelty, inventiveness and utility of an invention and decides whether the invention meets the requirements for a patent. Substantive examination is subject to the applicant's request for examination. If the applicant claims priority within three years from the filing date, the applicant may request the Patent Office to conduct a substantive examination of his invention patent application at any time within three years from the priority date.

If the applicant does not file a request for substantive examination within the above-mentioned time limit, the application shall be deemed to be withdrawn.

A patent application is a necessary procedure for obtaining a patent with belt. To obtain a patent right, the applicant shall submit an application to the national patent authority, which shall approve and issue a certificate. When filing a patent application with the national patent office, the applicant shall submit a series of application documents, such as a request, description, abstract and claims, etc.

In terms of patent applications, the provisions of patent laws in various countries in the world are basically the same. You can apply by yourself or find a ** office to apply.

The substantive examination of a patent shall be within six months at the earliest, and the substantive examination of a patent means that when the patent office examines the application, it must not only examine the formal requirements of the application, but also examine whether the invention-creation in the application meets the substantive requirements such as novelty, inventiveness and practicability.

In the process of substantive examination, the examiner will understand the prior art in the relevant field of the application, and search in detail the prior art documents published at home and abroad before the filing date of the application, so as to examine the substantive elements of the application such as the "three natures" (novelty, inventiveness and practicability), and when the examiner believes that the application does not comply with the relevant provisions of the Patent Law and the Detailed Rules for the Implementation of the Patent Law, a notice will be issued, and the applicant needs to give a written reply to the questions raised in the notice within the reply period, that is, we often say defenseThe defence of the examiner and the applicant may be repeated several times until the application is patented, rejected or deemed withdrawn.

Applicants need to pay attention to the following three points in the process of handling the defense:

1. Do not exceed the time limit of defense, otherwise the patent will be deemed to be withdrawn;

2. If you need to modify the claims, be careful not to modify beyond the scope;

3. Be careful not to narrow the scope of protection, which will lead to the patent being easily circumvented. It is precisely because the invention patent adopts the substantive examination system, so its examination period is longer, generally more than 2 years, and the examination cycle of each application is proportional to the number of defenses, and the more times of defense, the longer the examination cycle.

Article 1 of the Patent Law of the People's Republic of China is enacted in order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development.

Article 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs.

Trembling sales refers to the new technical solutions proposed for products, methods or their improvements.

Utility model refers to a new technical scheme suitable for practical use proposed for the shape, structure or combination of products.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

This time is not fixed, it depends on the situation of your reply, usually within half a year of entering the actual examination, it will be issued in a hidden cavity, and if the examiner feels that it can be authorized, then the certificate can be obtained within half a year at the earliest. However, if the examiner disagrees with the reply, then the time is not incalculable.

Legal Analysis: 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 be published 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, and the application for a patent for invention shall enter the publication stage from the issuance of the notice of qualification for preliminary examination, and if the applicant does not submit a request for early disclosure, it shall not enter the publication preparation procedure until 15 months have elapsed from the filing date.

If the applicant requests early disclosure, the application immediately proceeds to the disclosure preparation procedure. After format review, proofreading, computer processing, typesetting and printing, Bu Xingxi published the abstract of the specification in the patent gazette and published a single copy of the specification about 3 months later. Once the application is made, the applicant is granted the right to temporary protection.

Obtain a patent grant. Therefore, it usually takes about one and a half years from the filing of an application to the final grant of an invention patent.

Legal basis: Article 34 of the Patent Law of the People's Republic of China After receiving an application for an invention patent, 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.

The proposal waiting for the substantive examination has already entered the substantive examination stage, but due to the lack of stools and the number of patent applications, the patent applications are entered into the corresponding substantive examination department according to the classification and omission, and then queued up for examination according to the time of entering the substantive examination.

The basic process of applying for a patent

At present, there are two ways for China to apply for the exclusive role of Zheng Li, one is to entrust the patent ** institution established in accordance with the law to handle it, and the other is to submit the application materials to the Patent Office in Beijing. Due to factors such as geographical location and time cost, most of the patent applications are handled through first-class institutions, and it is not excluded that there are powerful large enterprises to set up their own legal departments to be responsible for patent application affairs.

The process of entrusting a patent application to a patent ** institution:

1. Consultation: 1. Determine whether the content of the invention or creation belongs to the content that can be patented; For this consultation, it is recommended to consult several more companies and compare them to determine the correct conclusion.

2. Determine which type of patent (invention, utility model, design) can be applied for for the content of the invention-creation.

2. Sign the ** entrustment agreement.

At this time, the purpose of signing the ** agreement is to clarify the rights and obligations between the applicant and the patent ** institution, mainly to bind the patentee to keep the applicant's invention and creation confidential.

Third, the technical disclosure.

1. The applicant provides the patentee with background information about the invention or entrusts the search for relevant content;

2. The applicant introduces the content of the invention in detail to help the patentee fully understand the content of the invention and creation.

4. Determine the application plan.

On the basis of the understanding of the invention and creation, the applicant will be advised to withdraw the application for the application with a small possibility of granting the patent, and the agency will charge a small consulting fee, and most of the application fees will be returned to the applicant.

If the prospect of patent grant is large, the patentee will put forward a clear application plan, the scope and content of protection, and start to prepare for the formal application work under the condition of obtaining the consent of the applicant.

5. Prepare application documents.

1. Drafting patent application documents;

2. Preparation of application documents;

3. Submit a patent application and obtain a patent application number.

6. Review. The Chinese Patent Office will examine the patent application documents, and the patentee will make patent amendments, opinion statements, defenses, and changes during the examination process. If necessary, the applicant should cooperate with the patentee to complete the above work.

VII. Conclusions of the review.

The Chinese Patent Office will make a conclusion on the examination of grant or refusal according to the examination situation, and the time of this process is generally about 6 months for design, about 10-12 months for utility models, and 2-4 years for invention patents.

8. Request for patent registration or reexamination:

If the patent application is granted, the patent certificate will be obtained by going through the registration formalities in accordance with the requirements of the patent grant notice.

If the patent application is rejected, the decision on whether to file a request for reexamination depends on the specific circumstances.

If the patent application fee is paid in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for invention patent shall first be examined for confidentiality, and if it is necessary to keep it confidential, it shall be handled in accordance with the confidentiality procedure. Before the preliminary examination of the application for a patent for utility model and design, the applicant shall also be given three months to take the initiative to amend the application.

Examination topics for patent applications.

Preliminary examination refers to the examination of whether the patent application has the documents specified in Article 26 or Article 27 of the Patent Law and other necessary documents, and whether these documents conform to the prescribed format.

The patent office shall notify the applicant of the office action and require the applicant to state his opinion or make corrections within the specified time limit; If the applicant fails to respond within the time limit, the application shall be deemed to be withdrawn. If the Patent Office still considers that the application does not comply with the provisions of the preceding paragraph after the applicant has stated its opinions or made corrections, the application will be rejected. Specifically, the application is examined for obvious defects during the preliminary examination procedure.

It mainly includes the review of the content of the application.

whether it clearly violates national laws, social morality or obstructs the public interest;

whether it is clearly the subject matter for which the patent is not granted;

whether there is a clear lack of technical content that does not constitute a technical solution;

Whether there is a clear lack of singularity. Utility model and design patent applications are also examined to see whether they are clearly the same as the granted patents and whether they are not a new technical solution or new design.

In the preliminary examination, the completeness of the application documents and whether the format meets the requirements will be reviewed, such as:

Examine whether the various documents are in the uniform format formulated by the patent office, and whether the drafting of the application, the filling of the ** or the drawing of the drawings meet the requirements set forth in the implementation rules and examination guidelines;

whether the certificates or attachments that should be submitted are complete and have legal effect;

Whether the description, claims, drawings or design drawings or ** meet the publication requirements. In addition, the qualifications of foreign applicants and the application procedures are also examined. If it is not qualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit.

Failure to respond within the time limit will be deemed withdrawn. If the defects are not eliminated after the applicant's reply, it shall be rejected. If the invention patent application is qualified in the preliminary examination, a notice of qualification in the preliminary examination will be issued.

If the application for a utility model or design patent does not find a reason for rejection after the preliminary examination, it will directly enter the authorization procedure, and since there are follow-up procedures for the invention, the examination of the application content in the preliminary examination should be relatively relaxed.