There are specific requirements for the filling and writing of patent application documents, and the applicant can fill in and write them by himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.

2. Acceptance of patent applications

After receiving the patent application, the Patent Office's acceptance office or the Patent Office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions.

3. Payment method of application fee

The application fee and other fees can be paid directly to the toll office of the Patent Office or the agency of the Patent Office, and can also be remitted by bank or post office, or the registered users of electronic application can log on to China Patent Electronic Application Network and pay the patent fee by using the online payment system. At present, banks use electronic transfer and post offices use electronic remittance.

4. Time to pay the application fee

Those who submit the patent application documents in person may pay the application fee after obtaining the notification of acceptance and the notification of payment of the application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notification of acceptance and the notification of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.

5. Patent approval procedures

According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model or design, there are only three stages: acceptance, preliminary examination and authorization.

6. Actively modify and correct the patent application documents.

The active revision and correction of patent application documents is also a procedure that applicants can choose according to their needs. Applications for patents for utility models and designs are only allowed to be modified voluntarily within two months from the date of application;

An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving a notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.

7. Reply to various notices from the Patent Office

(1) Observe the deadline for reply, and the consequences of late reply are the same as those of no reply. Answer the questions pointed out in the Notice of Review Opinions one by one. The reply can be supplemented or modified according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons.

(2) formal or procedural defects can generally be eliminated through revision; Obvious substantive defects are generally difficult to eliminate through revision or modification. In most cases, we can only defend and state our opinions on whether there are or are obvious substantive defects.

(3) The modification of an application for a patent for invention or utility model shall not exceed the scope recorded in the original specification and claims, and the modification of an application for a patent for design shall not exceed the scope shown in the original picture or photograph. When submitting the revised document, a replacement page shall be attached in the prescribed format.

(4) The defence shall be filed in the prescribed form. Such as submitting corrections or comments. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying.

8. The patent application is deemed to have been withdrawn and resumed.

If the prescribed procedures are not completed within the time limit, the application shall be deemed to be withdrawn, and the Patent Office shall issue a notice of deemed withdrawal. If the applicant has justified reasons, he may, within two months from the date of receiving the notice of deemed withdrawal, request the Patent Office to restore his rights and explain the reasons.

Anyone who requests the restoration of rights shall submit the Request for Restoration of Rights, explain the justified reasons for the extension, pay the restoration fee, and complete all the unfinished procedures that should be handled. The procedures for handling formalities and paying fees should generally be completed within the above two months.

9, patent registration procedures

Where an application for a patent for utility model or design has undergone a preliminary examination and an application for a patent for invention has undergone a substantive examination, and no reason for rejection has been found, the Patent Office shall issue a notice of authorization and a notice of registration. After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities and pay the prescribed fees within two months according to the requirements of the notice.

If the registration formalities are overdue and the prescribed fees are paid, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register and announce it in the patent gazette, and the patent right will take effect as of the date of announcement. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right.

10. Fees payable for registration procedures

When going through the registration formalities, there is no need to submit any documents, and the applicant only needs to pay the patent registration fee, announcement printing fee, annual fee and authorized annual stamp duty as required.

Reasons for extending information to apply for national patent:

1. Determine the ownership of the right of invention and creation through legal procedures, so as to effectively protect the achievements of invention and creation and monopolize the market in exchange for the maximum benefit;

2. In order to take the initiative in the market competition, ensure the safety of production and sales, and prevent opponents from suing themselves for infringement (forcing them to stop production and sales due to high economic compensation);

3. The state has certain support policies for patent applications (such as patent incentive policies promulgated by the government, high-tech enterprise policies, etc.). ), and will give some policy and economic help.

The patent right is protected by the national patent law, and no unit or individual may use it (sue others for patent infringement and claim compensation) without the consent of the patentee.

5. Apply for a patent for one's invention and creation in time, so that one's invention and creation are protected by national laws, and others are prevented from imitating the new technologies and new products developed by this enterprise (it constitutes a technical barrier, and others must obtain the consent of the patentee if they want to develop similar technologies or products).

6. If you don't apply for a patent for your invention and creation in time, others will apply for a patent for your labor, and in turn sue you for patent infringement to the court or the patent management authority.

7, can not only promote the upgrading of products, but also improve the technical content of products, and improve product quality, reduce costs, so that the products of enterprises in an invincible position in the market competition.

8. If an enterprise owns many patents, it is the embodiment of its powerful strength, and it is an intangible asset and intangible publicity (enterprises with independent intellectual property rights are not only powerful enterprises that consumers are eager for, but also the main target groups supported by various government policies). 2 1 century is the era of knowledge economy, and the competition in the future world is the competition of intellectual property rights.

Baidu Encyclopedia-Patent Application