How to apply for a patent online, how to apply for a patent online on your own

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

1. The patent applicant shall submit a written application to the corresponding institution;

2. The patent administration department shall conduct a preliminary examination for a period of 18 months, and if the application requirements are met, it will be published immediately;

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

[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 patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. 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 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.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 right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

A patent application is a necessary procedure for obtaining a patent right. 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 should also submit a series of application documents, such as a request, description, abstract and claims, etc.

You can apply by yourself or find a ** office to apply. The process of applying for a patent online is as follows: electronic filing user registration, and the registration methods of electronic filing user registration include:

In-person, mail-in, and online registration. Scope of Receipt of Electronic Filing DocumentsThe electronic filing system receives patent applications for inventions, utility models, designs, as well as international applications entering the national phase. The electronic filing system does not accept confidential patent application documents.

1. First go through the user registration procedures and obtain the user** and password; 2. Log in to the electronic application**,** and install the digital certificate and client software; 3. Carry out the network configuration of the client and the upgrade program; 4. Preparation and electronic application documents; 5. Use digital certificates to sign electronic application documents; 6. Submit electronic application documents; 7. Receive electronic receipt; 8. After submitting the application, you can log in to the electronic application** at any time to inquire about the relevant information of the electronic application; 9. Receive the notice through the electronic application system and submit the intermediate documents for the submitted electronic application.

Here's how to apply for a patent yourself:

1. Conduct relevant inquiries and searches for technologies that need to be patented;

2. Determine the type of patent application;

3. Prepare application materials, fill in the patent application request, fee reduction request, etc.;

4. Submit the patent application documents, get the patent acceptance notice and patent application number, and pay the patent application fee;

5. If the official issues a notice of correction or a notice of reply to the examination opinion, it is necessary to reply or make corrections;

6. China implements a preliminary examination system for design and utility model patent applications;

7. Grant patent rights and pay corresponding fees.

[Legal basis].Article 5 of the Patent Law of the People's Republic of China.

No patent shall be granted for inventions and creations that violate the law, social morality, or obstruct the public interest.

Patents shall not be granted for inventions or creations that are obtained or utilized in violation of laws or administrative regulations, and which are completed by relying on such genetic resources.

Who can apply for a patent.

1. Inventors and creators and legal heirs;

2. The unit to which the invention belongs;

3. Legal assignee;

4. Co-applicants, co-applicants refer to individuals and individuals, individuals and units, or units and units jointly applying for patents;

5. Foreigners' patent application qualifications.

The method of applying for a patent online is as follows: first, the applicant needs to log in to the website of the State Intellectual Property Office, and then apply according to the prompts on the electronic patent application page, and also need to submit the identity certificate and relevant patent certification materials when applying.

[Legal basis].

Article 15 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China provides that an application for a patent in written form shall be submitted in duplicate to the patent administration department. Where a patent is applied for in other forms prescribed by the patent administration department, the prescribed requirements shall be met. If the applicant entrusts a patent institution to apply for a patent and handle other patent affairs with the patent administration department, it shall submit a power of attorney at the same time, indicating the authority of the entrustment.

If there are two or more applicants and no patent ** institution has been retained, the first applicant specified in the request shall be the representative, unless otherwise stated in the request.

Legal analysis: 1. Handle user registration procedures; 2. Log in to the electronic application**; 3. Carry out the network configuration of the client and the upgrade program; 4. Preparation and electronic application documents; 5. Use digital certificates to sign electronic application documents; 6. Submit electronic application documents; 7. Receive electronic receipt;

Legal basis: Article 22 of the Patent Law of the People's Republic of China for which a patent is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.