1. Determine the type of patent application

There are three types of patents. Different applications have corresponding applications, so it is necessary to determine the type before applying to avoid problems in the audit.

2. Submission of application documents

After the type of application is defined, the inventor or the inventor should write the application documents on behalf of the application institution and make the application documents as required, and then submit them to the China Patent Association for examination.

3. The Chinese Patent Office will review and give a conclusion

The application documents will be reviewed by the Chinese Patent Office. After the examination, the applicant will be told whether the patent application is approved or not.

ii. patent application process

1. filling and writing patent application documents

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

2. Acceptance of patent application

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

3. How to pay the 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, or remitted by bank or post office. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the remittance slip, and the name of the payment shall be abbreviated. The remitter shall require the bank or post office staff to enter the above payment information in the remittance postscript column. If remittance is made through the post office, the post office staff shall also be required to enter the complete mailing address, including the postal code, which will play an important role in future procedures. Fees shall not be sent to the Patent Office.

4. Time for payment of application fee

If the patent application documents are submitted in person, the application fee can be paid after obtaining the notice of acceptance and the notice of payment of application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notice of acceptance and the notice 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 procedure

According to the Patent Law, the approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design is not published and examined in substance during the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.

6. Active revision and correction of patent application documents

Active revision and correction of patent application documents is also a procedure that the applicant can choose as needed. Applications for patents for utility models and designs are only allowed to be voluntarily amended 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 the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.

7. Respond to all kinds of notices from the Patent Office

(1) Abide by the time limit for reply, and the consequences of late reply are the same as those of no reply. In view of the problems pointed out in the notice of review opinions, answer them one by one. The reply can agree with the examiner's opinion, and make corrections or modify the application according to the examination opinions; If you disagree with the examiner, you should state your opinions and reasons.

(2) It is a defect in format or procedure, which can generally be eliminated through correction; Obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, we can only defend and state opinions on whether there are or belong to obvious substantive defects.

(3) No amendment or amendment to an application for a patent for invention or utility model shall exceed the scope recorded in the original specification and claims, and no amendment to an application for a patent for design shall exceed the scope indicated in the original picture or photograph. The revised document shall be submitted with a replacement page in the prescribed format.

(4) The reply shall be submitted in the prescribed format. Such as submitting corrections or opinions. In general, the formal problems 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, the opinion statement is used when defending.

8. The patent application is deemed to be withdrawn and resumed

If the prescribed procedures are not completed within the time limit, the application will be deemed to be withdrawn and the Patent Office will issue a notice of deemed withdrawal. If the applicant has justified reasons, he may, within two months from the date of receiving the notice deemed to be withdrawn, request the Patent Office to restore his rights and explain the reasons. To request the restoration of rights, a "request for restoration of rights" shall be submitted, explaining the legitimate reasons for the delay, paying the restoration fee, and completing all the unfinished procedures that should be handled. The formalities for completing the formalities and paying the fees shall generally be completed within the above two months.

9. Go through the formalities of patent registration

If the application for a patent for utility model and design has been preliminarily examined, and the application for a patent for invention has been substantially examined, and no reason for rejection has been found, the Patent Office will issue a notice of authorization and a notice of going through the formalities of registration. After receiving the notice of authorization and the notice of registration, 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 completed within the time limit 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.

1. Fees to be paid for registration

When going through the registration formalities, there is no need to submit any more documents. The applicant only needs to pay the patent registration fee (including the printing fee of the announcement) and the annual fee and stamp duty of the authorized year. When the application for a patent for invention is authorized, if the application date is more than two years apart, the application maintenance fee should also be paid. Authorize the year to pay the corresponding fees according to the year specified in the registration notice.

3. Maintenance and termination of patent right

1. After an application for patent right is granted, the patentee shall pay the annual fee for the next year in advance one month before the expiration of each year. If the annual fee is not paid or paid in full, the Patent Office will issue a notice of payment, informing the patentee to pay it back within six months from the date when the annual fee should be paid, and at the same time pay the late fee. The amount of late payment fee shall be calculated by adding 5% of the full annual fee of the current year for each month exceeding the prescribed payment time; If the payment is not made or the amount paid is insufficient, the patent right shall be terminated from the date when the annual fee payable expires.

2. Termination of patent right

The termination of patent right can be divided into the following reasons according to its termination:

(1) Termination upon expiration: the patent right for invention lasts for 2 years from the date of application, and the patent right for utility model or design lasts for 1 years from the date of application, and is terminated according to law;

(2) Termination of non-payment: If the applicant fails to pay or fully pay the annual fee and late fee after the Patent Office issues a payment notice informing the applicant to pay the annual fee and late fee, the patent right will be terminated from the expiration date of the previous year.

3. invalidation of patent right

from the date of authorization, if any unit or individual thinks that the grant of the patent right does not conform to the relevant provisions of the patent law, it may request that the patent right be declared invalid. Where a patent right is requested to be declared invalid or partially invalid, the applicant shall pay the required fee and submit a request for invalidation in duplicate, indicating the name and patent number of the patent requested to be declared invalid, the facts and reasons on which it is based, and attach the necessary evidence. If any party refuses to accept the decision made on the patent invalidation request, it may bring a suit in a people's court within three months from the date of receiving the notice. The patent office shall register and announce the decision after it becomes legally effective. An invalid patent right shall be deemed as nonexistent from the beginning.

Legal basis:

Article 26 of the Patent Law of the People's Republic of China

Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract and patent right. 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; When necessary, there should be attached drawings. The technical points of the invention or utility model should be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For an invention-creation that relies on genetic resources, the applicant shall state the direct source and original source of the genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall state the reasons.

article 27 to apply for a patent for a design, a written request, pictures or photographs of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly show the design of the product for which patent protection is required.