Invention patent application review and approval process: patent application - acceptance - preliminary examination - publication - substantive examination request - substantive examination - authorization.

Approach: Entrust a nationally recognized patent agency to handle the application. The applicant goes directly to the National Patent Office of China.

The application process for national invention patents is as follows:

1. The applicant submits application materials in accordance with regulations;

2. Accepts the application to the State Intellectual Property Office, and the parties concerned shall pay Patent application fee;

3. Preliminary review, the State Intellectual Property Office will conduct a preliminary review after acceptance;

4. Announcement in advance, announced immediately after the preliminary review;

5. Substantive examination. The State Intellectual Property Office shall conduct a substantive examination at the request of the applicant;

6. Authorization for registration. After passing the examination, the State Intellectual Property Office will authorize the issuance of an invention patent certificate and register and announce it at the same time.

1. National invention patent applications need to meet the following conditions:

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

2. Invention and utility model patents must have practicality, creativity and novelty;

3. The applicant is suitable;

4. Other conditions stipulated by law.

2. The functions of applying for patents for national inventions are as follows:

1. Patents, as an intangible asset, have huge commercial value and are an important means to enhance the competitiveness of enterprises;

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2. An enterprise's application for patents for scientific research results is the basis for an enterprise to implement its patent strategy;

3. The quality and quantity of patents are a reflection of an enterprise's innovation capabilities and core competitiveness, and are the basis for an enterprise's success in A symbol of the identity and status of the industry;

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

5. Enterprises owning patents are required to apply for high-tech enterprises, innovation funds, etc. Necessary prerequisites for various scientific and technological plans and projects. In short, the application process for national invention patents includes application, acceptance, preliminary examination, early publication, substantive examination, authorization registration, registration and announcement at the same time. The conditions that need to be met when applying for a patent right must be that the invention is novel, creative and practical. Generally, a patent can be granted only if the above three conditions are met at the same time. When applying for a patent right, relevant documents must be prepared. complete.

Principles for granting patents:

According to the basic principles of patent law, only one patent right can be granted for the same invention. When two or more people file patent applications for the same invention, there are two principles: one is the first-to-invent principle, and the other is the first-to-file principle. The first-to-invent principle means that if two or more people file patent applications for the same invention, the patent right should be awarded to the person who made the invention first, regardless of the time when they filed the patent application. However, because when adopting this principle, many practical difficulties are often encountered in determining who is the first inventor, therefore, currently only a few countries in the world, such as the United States, Canada and the Philippines, adopt this patent application principle. The so-called first-to-file principle means that when two or more people file separate applications for the same invention, the patent right will be granted to the latest person regardless of the order in which they made the invention. Whoever applies 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 a formal examination system, which only examines whether the form of the patent application meets the requirements of the law, but does not examine whether the invention meets substantive conditions such as novelty. Some countries implement a substantive examination system, which not only examines the form of the application, but also conducts a substantive examination on whether the invention meets conditions such as novelty, advancement, and practicality. Only inventions that meet the above patent conditions will be granted patent rights. China and most countries in the world adopt a substantive review system.

Process.

(1) Application for invention patent

1. Invention patent application review and approval process Patent application - Acceptance - Preliminary examination - Publication - Request for substantive examination - Substantive examination - Authorization 2. Application for invention patent Documents to be submitted

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

Instructions: including the name of the invention patent, its technical field, background technology, invention content, description of the drawings and specific implementation methods.

Claims: describe the technical features of the invention and clearly and briefly state the content for which protection is sought.

Attachments to the specification: Invention patents often include drawings. If text alone is enough to describe the technical solution clearly and completely, there is no need for drawings.

(2) Utility model patent application

1. Utility model patent application review and approval process Patent application - acceptance - preliminary review - authorization

2. Application for utility model patent Documents to be submitted

Request letter: 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 of the utility model patent, the technical field to which it belongs, background technology, invention content, description of the drawings and specific implementation methods. The content of the description should be written in detail, and the technical content described should be able to be implemented by ordinary technicians in the technical field after reading it.

Claims: describe the technical features of the utility model, and clearly and briefly state the content requested for protection.

Instructions and drawings: Utility model patents must be accompanied by drawings.

Abstract of the specification: clearly reflect the technical problem to be solved by the invention, the key points and main uses of the technical solution to solve the problem

(3) Application for appearance patent

1. Process of applying for appearance patent Patent application - acceptance - preliminary examination - authorization

2. Documents required to be submitted for appearance patent

Request letter: including the name and design of appearance patent The person’s name, the applicant’s name, name, address, etc. Design pictures or photos: at least two sets of pictures or photos (front view, rear view, top view, bottom view, left view, right view, and a three-dimensional view if necessary) Brief description of the design: A brief description of the design should be submitted if necessary.

Legal basis:

"Patent Law of the People's Republic of China"

Article 35

Application for invention patent Within three years from the date of application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will 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.