What is the process of patent application in Anhui? There are specific requirements for the filling and writing of patent application documents, and the applicant can fill or write them himself or entrust a patent agency to handle them on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.
acceptance of patent applications
after receiving a patent application, the patent office acceptance office or each patent office agency will determine the application date, give the application number and issue an acceptance notice for the application that meets the acceptance conditions.
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.
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.
active modification and correction of patent application documents
active modification 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.
reply to all kinds of notices from the patent office
(1) Observe 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.
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