You can apply for an invention patent 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 an invention patent application includes acceptance, preliminary examination, publication, and actual examination. and five stages of authorization.

1. Acceptance stage:

If the acceptance conditions are met, the Patent Office will determine the application date, give the application number, and verify the document list before issuing an acceptance Notice to inform the applicant.

If the application is submitted electronically, the electronic acceptance notice and application fee payment notice/fee reduction approval notice will generally be received within 2-3 working days. Book.

2. Preliminary examination stage: Article 44 of the Implementing Rules of the Patent Law (Examination Basis)

In actual operation, I personally think that the examiner will examine the following content, welcome Supplement:

(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 field of chemistry.

(2) Request and instructions , confidentiality examination request (if any), substantive examination request (if any), and patent agency power of attorney (if any), whether the invention names are consistent.

(3) The abstract part of the description shall not exceed 300 Words. Can include the chemical formula of the invention.

(4) Whether the drawing of the abstract (if any) is one of the drawings of the description.

3. Publication stage

Article 34 of the Patent Law: After receiving an application for an invention patent, the patent administration department of the State Council, after preliminary examination, determines that it meets the requirements of this Law, and it will be published immediately after eighteen months from the date of application. The patent administration department of the State Council may, according to the applicant request for early publication of its application.

4. Substantive examination stage

Article 35 of the Patent Law Within three years from the date of application for an invention patent, the patent administration department of the State Council may, based on the application 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substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 submitting a request for substantive examination!

5. Authorization stage

After so long, it was finally authorized! Hurry up and pay the authorization registration fee, annual fee and stamp tax within the time limit specified in the "Notice of Registration Procedures"!

6. Payment of annual fees

The annual fees after the year in which the patent right is granted shall be paid before the expiration of the previous year. If the patentee fails to pay or fails to pay in full, the State Council shall The patent administration department 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 based on the full annual fee for that year for each month beyond the prescribed payment time. Calculated at 5% of the annual fee; if the annual fee is not paid upon expiration, the patent right shall be terminated from the date of expiration of the annual fee due to be paid.