According to the "Patent Law", the approval process for invention patent applications includes five stages: acceptance, preliminary examination stage, publication, substantive examination and authorization. Utility model and design applications are not subject to early publication and substantive examination. , only 3 stages. Acceptance stage: The Patent Office will examine the patent application after receiving it. If the acceptance conditions are met, the Patent Office will determine the application date, give the application number, and after verifying the document list, issue an acceptance notice and notify the applicant. If the application documents are not typed, printed or illegible, or have been altered; or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred or altered; or the application documents are incomplete; or the request is missing The applicant's name and address are unknown; or the patent application category is unclear or cannot be determined; and patent applications submitted directly by foreign entities and individuals without a foreign-related patent agency will not be accepted. Preliminary examination stage If an accepted patent application pays the application fee in accordance with regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the invention patent application must first undergo a confidentiality review. If confidentiality is required, it shall be handled according to confidentiality procedures. During the preliminary examination, the application shall be examined for obvious defects, mainly including whether the content of the examination falls within the scope of the Patent Law that does not grant patent rights, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether it lacks unity, and whether the application documents are complete. and whether the format meets the requirements. If you are a foreign applicant, you will also need to undergo a qualification review and application procedures review. If the application is unqualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit. If the applicant fails to respond within the time limit, the application will be deemed to have been withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. If the invention patent application passes the preliminary examination, a preliminary examination passing notice will be issued. For utility model and design patent applications, in addition to the above review, it is also necessary to review whether they are obviously the same as existing patents and are not a new technical solution or new design. If no reason for rejection is found after the preliminary examination. Will go directly to the authorization order. Publication stage: An invention patent application enters the publicity stage from the date of issuance of the preliminary examination qualification notice. If the applicant does not make a request for early disclosure, it will not enter the publicity preparation process until 15 months from the filing date. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette about three months later and a separate specification will be published. After the application is published, the applicant obtains the right to temporary protection. Substantive examination stage After the invention patent application is published, if the applicant has submitted a substantive examination request and it has taken effect, the applicant will enter the substantive examination procedure. If an invention patent application has not submitted a request for substantive examination within three years from the filing date, or if the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn. During the actual examination, a comprehensive review will be conducted on whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the authorization conditions are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn. The application still does not meet the requirements after multiple replies. , be dismissed. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn. If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations. In the authorization stage, if no reason for rejection is found after preliminary examination of utility model and design patent applications and substantive examination of invention patent applications, the examiner will issue an authorization notice and the application will be prepared for authorization registration. The legal validity and completeness of the authorization text will be reviewed. , after proofreading and revising the bibliographic items of the patent application, the Patent Office issues an authorization notice and a registration formalities notice. After receiving the notice, the applicant shall complete the registration formalities and pay the required fees within 2 months in accordance with the requirements of the notice. fee, if the registration formalities are completed on time, 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 2 months later. Failure to complete the registration formalities as required will be deemed to have given up the acquisition. Patent rights.
This process is relatively complicated, and it is not easy to apply by yourself. It is recommended to find some agency companies. In Yangzhou, such as Wenyuan Trademark Registration and other agency companies, you can negotiate the price yourself