When Chinese entities or individuals apply for patents and handle other patent matters domestically, they can entrust a patent agency to handle them, or the applicants can handle them themselves.
Patent processing process: Provide technical documentation - Inquire whether a patent can be applied for - Confirm the technical point and patent type - Determine the application plan - Submit materials to the Patent Office - Patent Office review - Review conclusion - Go through registration procedures. Receive a patent certificate.
1. Provide a technical briefing document to explain the innovation points of the technology.
We go to the patent database to check whether there are similar patents, whether we can apply for a patent, and evaluate the approval rate of the patent application. If there is no similar patent, confirm the technical point and patent type, determine the application plan, and write application materials.
2. Submit materials to the Patent Office
If the party entrusts a patent agency, the documents shall be sent to the patent agency, and the patent agency shall submit them to the Patent Office and pay the fee.
3. Acceptance
After the Patent Office Acceptance Office or the Patent Office Agency receives the patent application, for applications that meet the acceptance conditions, the application date will be determined, the application number will be given, and the application will be accepted. Notice. If the application does not meet the conditions for acceptance, a document rejection notice will be issued.
If you submit application documents to the Patent Office Acceptance Office, you will generally receive an acceptance notice from the Patent Office in about one month. If you have not received a notification from the Patent Office after more than one month, the applicant should promptly submit the application to the Patent Office. For inquiries, please contact the Bureau’s reception desk. 4. Preliminary examination
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 comply with the prescribed format. , and examine the following items: (1) Whether the invention patent application clearly falls under the circumstances stipulated in Articles 5 and 25 of the Patent Law, and whether it does not comply with Articles 18, 19, paragraph 1, and 1 of the Patent Law; Whether the provisions of Paragraph 1 of Article 20 or Paragraph 2 of Article 16 and Paragraph 26 of these Rules are obviously inconsistent with Paragraph 2 of Article 2, Paragraph 5 of Article 26 and Paragraph 30 of the Patent Law? The provisions of Paragraph 1 and Article 33 of Article 1 or Articles 17 to 21 of these Rules; (2) Whether the utility model patent application clearly falls within the provisions of Articles 5 and 25 of the Patent Law situation, whether it does not comply with Article 18, Article 19, Paragraph 1, Article 20, Paragraph 1 of the Patent Law or Articles 16 to 19, 21 to 23 of these Rules Are the provisions of Article 2, Paragraph 3 of Article 2, Paragraph 2, Paragraph 4 of Article 22, Paragraph 3, Paragraph 4 of Article 26, and Paragraph 1 of Article 31 clearly inconsistent with the Patent Law? Whether the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law according to the provisions of Article 33, Article 20 and Article 43, Paragraph 1 of these Rules; (3) Whether the design patent application is obviously a patent Whether the circumstances specified in Article 5 and Article 25, Paragraph 1, Item (6) of the Patent Law are inconsistent with Article 18, Article 19, Paragraph 1 of the Patent Law or Articles 16 and 20 of these Rules? Are the provisions of Articles 7 and 28 obviously inconsistent with Article 2, Paragraph 4, Article 23, Paragraph 1, Article 27, Paragraph 2, and Article 31, Paragraph 2 of the Patent Law? , Article 33 or the first paragraph of Article 43 of these Rules, whether the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law; (4) Whether the application documents comply with the provisions of Article 2 and Article 3 of these Rules A provision. The patent administration department of the State Council shall notify the applicant of the examination opinions and require him to state his opinions or make corrections within a specified time limit; if the applicant fails to respond within the time limit, his application shall be deemed to have been withdrawn. After the applicant has stated its opinions or made corrections, if the patent administration department of the State Council still considers that the application does not comply with the provisions listed in the preceding paragraph, it shall reject it.
5. Publication (only invention patents have this stage)
After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, the patent administration department shall, from the date of application, After eighteen months, it will be announced. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
6. Substantive examination (only invention patents have this stage)
Within three years from the filing date of an invention patent application, the patent administration department of the State Council may, upon request made by the applicant at any time, The application shall be subject to substantive examination; if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
7. Authorization
If no reason for rejection is found after substantive examination of the invention patent application, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant a utility model patent right or a design patent right, and issue a corresponding patent certificate, and at the same time be registered and announced. Utility model patent rights and design patent rights take effect from the date of announcement.
Provide technical disclosure documents, help you do patent searches for free, check patent similarities, determine whether you can apply for a patent, and evaluate the pass rate of patent applications!