The specific process of patent application: 1, the inventor filed a patent application;

2. Accepted by China National Intellectual Property Administration;

3. The applicant pays the application fee;

4. Classification of patent offices;

5. Preliminary examination;

6. After the invention is qualified, the applicant shall submit a request for substantive examination in writing within three years from the date of application;

7. Those who pass the substantive examination shall be granted a patent right and obtain a patent certificate. Patent application is a necessary procedure for obtaining patent right. To obtain a patent right, the applicant shall file an application with the State Patent Office, which shall approve and issue a certificate.

A national application for an invention patent needs to meet the following conditions:

1. The scope of patent application only includes designs, inventions and utility models;

2. Patents for inventions and utility models shall be practical, creative and novel;

3. The applicant is suitable;

4. Other conditions prescribed by law.

Two, the role of the national invention patent application is as follows:

1. As an intangible asset, patent has great commercial value and is an important means to enhance the competitiveness of enterprises;

2. Enterprises will apply for patents for scientific research achievements, which is the basis for enterprises to implement patent strategy;

3. The quality and quantity of patents are the embodiment of enterprise's innovation ability and core competitiveness, and the symbol of enterprise's identity and position in this industry;

4. Enterprises can obtain long-term benefits by applying the patent system;

5, enterprises have a patent is a necessary prerequisite to declare high-tech enterprises, innovation funds and other scientific and technological plans and projects. In a word, the application process of national invention patent includes application, acceptance, preliminary examination, early announcement, substantive examination, authorized registration and announcement. To apply for a patent right, the requirement must be that the invention is novel, creative and practical. Generally, if the above three conditions are met at the same time, a patent may be granted. When applying for a patent right, the relevant documents and materials shall be fully prepared.

Principles for granting patents:

According to the basic principle of patent law, only one patent right can be granted for the same invention. When two or more people file separate patent applications for the same invention, there are two principles: one is the invention priority principle, and the other is the application priority principle. The principle of prior invention means that if two or more people file a patent application for the same invention, the patent right shall be granted to the person who made the invention first, regardless of the time when he filed the patent application. However, when adopting this principle, we often encounter many practical difficulties in determining who is the first inventor. Therefore, at present, only a few countries in the world, such as the United States, Canada and the Philippines, have adopted this principle of patent application. The so-called principle of first application means that when two or more people apply for the same invention separately, the time when they made the invention is subject to the time when they filed the patent application, that is, the patent right is granted to the person who applied first. China and most countries in the world adopt this principle.

Patent examination procedures:

Countries have different requirements for the examination of patent applications, and basically implement two different systems. Some countries implement the formal examination system, that is, only examine whether the form of patent application meets the legal requirements, but not whether the invention meets the substantive conditions such as novelty. Some countries implement substantive examination system, that is, not only the form of application is examined, but also whether the invention has the conditions of novelty, advancement and practicality. Only inventions with the above patent conditions can be granted a patent right. China and most countries in the world adopt the substantive examination system.

Third, the process.

(1) An application for a patent for invention

1, examination and approval process of application for a patent for invention, patent application, acceptance, preliminary examination, publication of request for substantive examination, substantive examination and authorization, 2. Documents to be submitted when applying for a patent for invention.

Request: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc.

Description: including the name, technical field, background technology, invention content, attached drawings and specific implementation methods of the invention patent.

Claim: Explain the technical features of the invention, and clearly and concisely state the content to be protected.

Illustration: Invention patents often have drawings. If only words are enough to describe the technical scheme clearly and completely, there is no need for drawings.

(2) An application for a patent for utility model

1, approval process of utility model patent application, patent application, acceptance, preliminary examination and authorization

2. Documents to be submitted when applying for a patent for utility model

Request: including the name of the utility model patent, the name of the inventor or designer, the name and address of the applicant, etc. Description: including the name, technical field, background technology, invention content, drawings and specific implementation of the utility model patent. The contents of the manual should be written in detail, and the technical contents mentioned shall be subject to the realization after reading by ordinary technicians in this technical field.

Claim: Explain the technical features of the utility model, and clearly and concisely state the contents to be protected.

Illustration: A patent for utility model must have attached drawings.

Description abstract: Clearly reflect the technical problem to be solved by the invention, the main points and main uses of the technical scheme to solve this problem.

(3) An application for a patent for appearance

1, application process of appearance patent, patent application, acceptance, preliminary examination, authorization

2, the appearance patent documents to be submitted

Request: including the name of the design patent, the name of the designer, the name and address of the applicant, etc. Design pictures or photos: at least two groups of pictures or photos (front view, back view, top view, bottom view, left view, right view and, if necessary, stereoscopic view) Brief description of design: Brief description of design shall be submitted if necessary.

Legal basis:

patent law of the people's republic of china

Article 26

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.

The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.

The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.

For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.