The patent application form mainly provides a brief description of the applicant and the patent. Detailed descriptions are accompanied by additional materials.

1. Patent classification

1. Invention patent:

New technical solutions proposed for products, methods or improvements of products or methods can be applied for Invention patent;

2. Utility model patent:

A utility model patent can be applied for for new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use;

3. Design patent:

A new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern. , you can apply for a design patent.

2. Patent application process

1. Filling in and writing patent application documents

There are specific requirements for filling in and writing patent application documents. Applicants can You can fill it out or write it yourself, or you can entrust a patent agency to handle it for you. Although it is not compulsory to appoint a patent agent, considering the importance of carefully drafting patent application documents and the legal rigor of the approval process, it is worth promoting for inexperienced applicants.

2. Acceptance of patent applications

After the Patent Office Acceptance Office or each patent office agency receives a patent application, for applications that meet the acceptance conditions, the application date will be determined and the application will be processed. No., a notice of acceptance is issued.

3. How to pay the application fee

The application fee and other fees can be paid directly to the Patent Office Charge Office or the Patent Office Agency, or remitted through a bank or post office. Or registered users of electronic applications can pay patent fees by logging into the China Patent Electronic Application Network and using the online payment system. Currently, banks use electronic transfers and post offices use electronic remittance.

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 acceptance notice and the application fee payment notice. If the application is submitted by mail, the application fee should be paid after receiving the acceptance notice and the application fee payment notice, because the corresponding application number needs to be stated when paying the application fee, but the date for payment of the application fee must not be later than the date of the application. Two months from date.

5. Patent approval process

According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model or design patent applications are not subject to publication and substantive examination during the approval process, but only three stages: acceptance, preliminary examination and authorization.

6. Active modification and correction of patent application documents

Active modification and correction of patent application documents is also a procedure that applicants can choose as needed.

(1) Utility model and design patent applications are only allowed to submit active amendments within two months from the filing date;

(2) Invention patent applications are only allowed to be submitted after the actual application is filed. Proactively modify the patent application documents when making a request for review and within three months from the date of receipt of the notice from the Patent Office that the invention patent application has entered the substantive examination stage.

7. Reply to various notices from the Patent Office

(1) Comply with the response deadline. The consequences of late reply and non-reply are the same. Respond to the issues pointed out in the examination opinion notice one by one. The reply can be based on the review opinions or modify the application; if you disagree with the examiner's opinions, you should state your opinions and reasons.

(2) Defects in form or procedure can generally be eliminated through correction; obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, only whether they exist or are obviously substantive defects can be eliminated. Defend and state opinions regarding deficiencies.

(3) Corrections or modifications to an invention or utility model patent application shall not exceed the scope of the original description and claims, and modifications to a design patent application shall not exceed the scope of the original pictures or photos. . Modified documents should submit replacement pages in the prescribed format.

(4) The reply should submit documents in the prescribed format. Such as submitting an amendment or statement of opinion. Generally, a correction letter is used to correct formal issues or procedural issues, and a statement of opinion is used to amend the substantive content of the application. If the applicant disagrees with the examiner's opinion, a statement of opinion is used when making a defense.

8. Patent application deemed withdrawn and its restoration

If the required procedures are not completed within the time limit, the application will be deemed withdrawn, and the Patent Office will issue a deemed withdrawal notice. If the applicant has legitimate reasons, he may request the Patent Office to restore his rights within two months from the date of receipt of the deemed withdrawal notice and explain the reasons. To request the restoration of rights, a "Request for Restoration of Rights" should be submitted, explaining the legitimate reasons for delaying the time limit, paying the restoration fee, and completing various uncompleted procedures that should be completed.

9. Handle patent registration procedures

After preliminary examination of utility model and design patent applications, and substantive examination of invention patent applications, if no reason for rejection is found, the Patent Office will issue an authorization Notice and registration formalities notice. Failure to complete registration procedures within the prescribed time limit shall be deemed to have given up the right to obtain patent rights.

10. Fees payable for registration procedures

When going through registration procedures, there is no need to submit any documents. Applicants only need to pay patent registration fees, announcement printing fees, and authorization fees in accordance with regulations. The annual fee and stamp duty for that year.

11. Maintenance of patent rights

After a patent application is granted a patent right, the patentee shall prepay the annual fee for the next year one month before the expiration of each year. If the annual fee is not paid or is not fully paid at the end of the period, the Patent Office will issue a payment notice and notify the patentee to pay the annual fee within six months from the expiration date and pay a late payment fee at the same time.

12. Termination of patent rights

The termination of patent rights can be divided into:

(1) Termination upon expiration of the term:

Invention patent rights shall be maintained for 20 years from the date of application, and utility model or design patent rights shall be maintained for 10 years from the date of application and shall be terminated in accordance with the law;

(2) Termination for non-payment of fees:

After the Patent Office issues a payment notice, notifying the applicant to pay the annual fee and late fee, if the applicant still fails to pay or pays in full the annual fee and late fee, the patent right shall be terminated from the expiration date of the previous year;< /p>

(3) Termination due to the patentee giving up the patent right:

After the patent right is granted, the patentee can voluntarily request to give up the patent right at any time by submitting a declaration of abandonment of the patent right, and review The date of issuance of the formalities compliance notice issued by the Commissioner in response to the declaration of relinquishment of patent rights shall be the effective date, and the relinquished patent rights shall be terminated from that date.

13. Invalidity of patent rights

From the date of authorization of a patent application, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law, it may request a declaration that the patent right shall be granted. The patent is invalid. Anyone who requests to declare a patent right invalid or partially invalid shall pay the fee in accordance with the regulations, submit a request for invalidation, indicate the name and patent number of the patent requested to be invalidated, state the facts and reasons based on it, and attach necessary evidence.

If any party is dissatisfied with the decision on a patent invalidation request, it may file a lawsuit with the People's Court within three months from the date of receipt of the notice. The Patent Office will register and announce the decision after it becomes legally effective. A patent right declared invalid is deemed to have ceased to exist from the beginning.

Extended information:

Benefits of patent application

1. Determine the ownership of the rights of inventions and creations through legal procedures, thereby effectively protecting the results of inventions and creations and monopolizing the market , in exchange for maximum benefits;

2. In order to take the initiative in market competition, ensure the safety of its own production and sales, and prevent opponents from suing themselves for infringement of patents (suffering high financial compensation, forced stop production and sales by oneself);

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

4. Patent rights are protected by the national patent law. No unit or individual can use it without the consent of the patentee (sue others for patent infringement and ask for compensation).

5. Patent publicity is effective.

6. Avoid the embarrassment of removing exhibits from exhibitions.

7. Applying for patents for scientific research results is the basis for enterprises to implement patent strategies.

8. The quality and quantity of patents are a reflection of an enterprise’s innovation capabilities and core competitiveness, and are a symbol of an enterprise’s identity and status in the industry.

Baidu Encyclopedia-Patent Application Process

Baidu Encyclopedia-Patent Application