How to apply for an invention patent and the process?
You can apply for it yourself or entrust an agency to apply for an invention patent. The general application process is as follows:
According to the patent law, The approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization.
1. Acceptance stage:
If the acceptance conditions are met, the Patent Office will determine the application On the same day, an application number will be given, and after verifying the document list, an acceptance notice will be issued to notify the applicant.
If the application is submitted electronically, the electronically submitted application will generally be received within 2-3 working days. Acceptance notice and application fee payment notice/fee reduction approval notice.
2. Preliminary examination stage: Article 44 of the Patent Law Implementing Rules (Examination Basis)
In actual practice, I personally think that the examiner will examine the following content, welcome to add:
(1) The name of the invention shall generally not exceed 25 words. In special circumstances, up to 40 words may be allowed for inventions in the chemical field. .
(2) Whether the invention title in the request, specification, confidentiality examination request (if any), substantive examination request (if any), and patent agency power of attorney (if any) are all consistent.
p>(3) The abstract of the description shall not exceed 300 words. It may include the chemical formula of the invention.
(4) Whether the abstract drawing (if any) is one of the drawings of the description.
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3. Publication stage
Article 34 of the Patent Law: After the patent administration department of the State Council receives an application for an invention patent and, upon preliminary examination, determines that it meets the requirements of this Law, the patent administration department shall, after ten years have passed since the date of application, It will be announced immediately after eight months. The Patent Administration Department of the State Council may publish the application as early as possible at the request of the applicant.
4. Substantive examination stage
Patent Law Article 35 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 substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. Of course. Don’t forget to pay the substantive examination fee when applying for substantive examination!
5. Authorization stage
After so long, it was finally authorized! Hurry up and complete the "Notice of Registration Procedures" as stipulated in Pay the authorization registration fee, annual fee and stamp duty within the time limit!
6. Payment of annual fees
Annual fees after the year the patent right is granted should expire in the previous year If the patentee fails to pay or fails to pay in full, the patent administration department of the State Council shall notify the patentee to pay the annual fee within 6 months from the expiration of the due date, and at the same time pay a late payment fee; the amount of the late payment fee shall be calculated based on the amount of the annual fee. The prescribed payment time is 1 month, plus 5% of the full annual fee for the current year. If the payment is not made at the end of the period, the patent right will be terminated from the date when the annual fee is due. How to avoid product design patents?
Appearance design patent, if you use it directly (use its function) instead of using its appearance, you will not infringe its patent rights. Can I write two papers on Zhihu for one patent?
Yes, the patent application is given priority, followed by the paper; otherwise, the patent cannot be authorized, which will result in conflicting applications.