1. Submission form of patent application

Applicants should submit patent applications in electronic form or in written form.

(1) Applicants who apply for patents in the form of electronic files must go through the electronic application user registration procedures in advance and submit application documents and other documents to the Patent Office through the Patent Office’s patent electronic application system.

(2) If the applicant applies for a patent in written form, he or she may submit the application documents and other documents in person to the acceptance window of the Patent Office or mail them to the "Patent Office Acceptance Office of the State Intellectual Property Office" (hereinafter (referred to as the Patent Office Acceptance Office), you can also hand it in person to the acceptance window of the local Patent Office Agency or mail it to the "Patent Office ××× Agency of the State Intellectual Property Office".

Currently, patent offices are located in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi'an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, and Shenzhen , Fuzhou, Nanning, Urumqi, Nanchang, Yinchuan, Hefei, Suzhou, Haikou, Lanzhou, Taiyuan and other cities have set up agencies. To inquire about the Patent Office’s agency information, please log in to /zldbc/.

The National Defense Intellectual Property Office specializes in accepting applications for national defense patents.

2. What application documents should be submitted when applying for a patent?

(1) When applying for an invention patent, the application documents should include: a request for an invention patent, an abstract of the description (if necessary, an abstract attachment should be submitted) Figures), claims, description (the description and figures should be submitted if necessary).

For invention patent applications involving amino acid or nucleotide sequences, the sequence list should be included in the description. The sequence list should be submitted as a separate part of the description with separate page numbers. At the same time, a national A CD or floppy disk containing the sequence list specified by the Intellectual Property Office and the Patent Office (hereinafter referred to as the Patent Office).

When applying for a patent for an invention-creation that relies on genetic resources, the applicant shall explain the source of the genetic resources in the request, fill in the genetic resources source disclosure registration form, and indicate the direct source of the genetic resources. and original source. If the applicant cannot explain the original source, he should state the reasons.

(2) When applying for a utility model patent, the application documents shall include: a request for a utility model patent, an abstract of the description and its abstract drawings, claims, description, and drawings of the description.

Example 1: Example of writing a utility model patent application

(3) When applying for a design patent, the application documents should include: design patent request, pictures or photos (requesting color protection) , color pictures or photos should be submitted) and a brief description of the design.

Example 1: Example of writing an application for a design

Example 2: Example of writing an application for a similar design

3. Application documents use a unified form

Application documents should use the forms uniformly formulated by the Patent Office. These forms can be downloaded from the website of the State Intellectual Property Office, download address /bgxz/

, or requested at the consultation desk in the reception hall of the Patent Office or by letter (send the letter to: Patent Office of the State Intellectual Property Office Issuance Office of the Preliminary Examination and Process Management Department), or you can obtain it from the Patent Office Agency of the State Intellectual Property Office in various places (hereinafter referred to as the Patent Office Agency). One form may only be used for one patent application.

The paper quality of application documents should be equivalent to the quality of copy machine paper. There should be no useless words, marks, frames, lines, etc. on the paper. All documents must be in A4 size (210 mm × 297 mm) paper. The paper used for application documents should be single-sided and used vertically. The text should be arranged from left to right, leaving 25 mm of space on the left and top sides of the paper, and 15 mm of space on the right and bottom sides of the paper.

4. How to arrange application documents when submitting an application

Invention or utility model patent application documents should be arranged in the following order: request, abstract of description, abstract drawings, claims, Instructions (including amino acid or nucleotide sequence list), instructions and drawings.

Design patent application documents should be arranged in the following order: request letter, pictures or photos, and brief description. Each part of the application document should be page numbered in Arabic numeral order.

5. Text and writing requirements of application documents

All parts of the application documents must be in Chinese. If there is no unified Chinese translation of foreign names, place names and scientific and technological terms, the original text should be indicated in brackets after the Chinese translation. Application documents should be typed or printed in Song font, Song font, or regular script. The handwriting should be black, the character height should be between 3.5 and 4.5 millimeters, and the line spacing should be between 2.5 and 3.5 millimeters. If there are drawings in the application documents, the lines should be even and clear and must not be altered. Engineering blueprints may not be used as accompanying drawings.

6. Supporting documents

If the procedures related to patent application require supporting documents, various supporting documents should be issued by the relevant competent authorities or signed by the parties involved. Various certification documents should be originals; if the certification documents are copies, they should be notarized or confirmed by the official seal of the competent department that issued the certification documents (except for the original documents that have been filed with the Patent Office for confirmation). If the supporting documents provided by the applicant are in a foreign language, they should be accompanied by a translation of the Chinese bibliography.

7. Signature or seal

Patent application documents or other documents submitted to the Patent Office must be signed or stamped in accordance with regulations. Applications for which a patent agency is not entrusted shall be signed or sealed by the applicant (or patentee), other interested parties or their representatives. For procedures that directly involve the party's rights, all rights holders shall sign Or affix a seal; if a patent agency is entrusted, the patent agency shall affix a seal, and if necessary, the applicant (or patentee), other interested parties or their representatives shall also sign or affix a seal.

8. Instructions for application on the same day

If the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, he shall provide separate explanations in the application.

9. Requirements for unity of patent application content

An invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application. A design patent application shall be limited to one design. Two or more similar designs for the same product, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application.

10. Entrust a patent agency

Units or individuals in mainland China can entrust a patent agency established in accordance with the law to handle patent application procedures, or they can handle relevant procedures themselves.

Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in mainland China apply for patents in China, or apply for patents as the first signed applicant together with applicants from mainland China If required, a patent agency established in accordance with the law should be entrusted to handle the matter.

Applicants from Hong Kong, Macau or Taiwan who have no habitual residence or business office in mainland China file a patent application with the Patent Office, or serve as the first signed applicant together with the applicant from mainland China. If you apply for a patent, you must entrust a patent agency established in accordance with the law to handle it.

Patent agencies established in accordance with the law are established with the approval of the State Intellectual Property Office in accordance with the Patent Agency Regulations. The specific directory and relevant information of patent agencies can be viewed online (www.sipo.gov.cn /zldlgl).

11. Acceptance of patent applications

After the Patent Office Acceptance Office or the Patent Office Agency receives the patent application, the application that meets the acceptance conditions will determine the application date and give the application number. , issue a notice of acceptance.

If the application does not meet the conditions for acceptance, a document rejection notice will be issued.

After receiving the acceptance notice and payment notice, the applicant should carefully check the information on the notice. If there is any objection to the information in the notice, it should be submitted to the Patent Office in a timely manner.

If you submit application documents to the Patent Office Acceptance Office, you will generally receive an acceptance notice from the Patent Office in about one month. If you have not received a notification from the Patent Office after more than one month, the applicant should promptly submit the application to the Patent Office. For inquiries, please contact the Bureau’s reception desk.

If the address of the applicant or patentee changes, the applicant should promptly submit a change to the bibliographic items to the Patent Office; if the applicant terminates the agency relationship with the patent agency, the applicant should go through the change procedures with the Patent Office.

12. Determination of the filing date

For patent applications and various documents submitted to the Patent Office in the form of electronic files, the date when the electronic files are received by the Patent Office’s patent electronic application system. Submission date.

For patent applications submitted directly to the Patent Office Acceptance Office or the agency window, the date of receipt shall be the filing date; for patent applications submitted by post office to the Patent Office Acceptance Office or the agency window, the application date shall be the date on the envelope. The date of mailing with a postmark shall be the date of application; if the date of mailing with a postmark is unclear and cannot be read, the date of receipt by the Patent Office acceptance office or agency shall be the date of application. For patent applications submitted to the Patent Office acceptance office or agency through courier companies, the date of receipt is regarded as the filing date; for patent applications mailed or submitted to non-accepting departments or individuals of the Patent Office, the mailing date or submission date does not have a determined filing date. To be effective, the date of actual receipt by the acceptance office or agency shall be the date of application.

13. Correction of the application date

If the applicant after receiving the patent application acceptance notice believes that the application date recorded in the notice is inconsistent with the date of mailing the application documents, he may Within two months from the date of submitting the patent application documents or within one month from the date of receipt of the patent application acceptance notice, the applicant shall submit a request for correction of the application date, and attach a valid certificate of the date of dispatch issued by the post office where the patent application documents were sent. The shipping registration number stated in the application should be consistent with the registration number recorded in the request. The stub of the registered letter can be used as valid proof of the above.

14. Application fee payment time

Applicants should pay the application fee within two months from the date of application or within 15 days from the date of receipt of the acceptance notice. When paying the application fee, you must indicate the corresponding application number and necessary payment information.

15. How to pay fees

(1) Electronic application users can log in to the electronic application website (/) and use online payment methods to pay patent fees.

(2) Pay patent fees directly to the Patent Office or the Patent Office Agency.

(3) Remit patent fees through bank or post office. When remitting patent fees through a bank or post office, the correct application number (or patent number) and fee name (or abbreviation) should be written in the postscript column of the remittance form.

For other questions about patent fees or payment fees, please see the introduction in the section "About Patent Application Fees" (/zhfwpt/zlsqzn/zlsqfy/).

16. Confidentiality review before applying for a patent in a foreign country

Any unit or individual may apply for a patent in a foreign country for an invention or utility model completed in China or submit an international patent application to the relevant foreign institution. Before applying for patent confidentiality in a foreign country, a request should be submitted to the Patent Office. If it is determined after confidentiality review that it involves national security or major interests and needs to be kept secret, no unit or individual may apply for a patent from a foreign country on the content of the invention or utility model.

There are three ways to submit a request for confidentiality review before applying for a patent in a foreign country:

(1) File a separate request for confidentiality review in the form of a technical solution. If a request is made in this way, the applicant shall submit a request for patent confidentiality examination in a foreign country and a technical solution description, and submit the documents in writing to the acceptance window of the Patent Office in person or by mail to the "Patent Office of the State Intellectual Property Office" Acceptance Office".

(2) File a confidentiality review request at the same time or after applying for a Chinese patent.

If a request is made in this way, the applicant shall submit a request for patent confidentiality examination in a foreign country.

(3) Submitting an international patent application to the Patent Office shall be deemed to have submitted a request for confidentiality examination at the same time, and there is no need to submit a separate request for confidentiality examination to a foreign country.

17. Things to note when submitting application documents

(1) Applicants should keep drafts of various documents submitted to the Patent Office to ensure consistency in filling out documents during the application review and approval process. , and can be used as a reference when responding to review comments.

(2) Application documents are to be mailed and should be sent by registered mail. If the application documents cannot be sent by registered mail, they can be sent by express mail. Application documents cannot be sent by parcel. In addition to stating the detailed address (including postal code) of the Patent Office or the Patent Office agency, the registered letter should also be marked with "Application Documents" and "State Intellectual Property Office Patent Office Acceptance and Receipt" or "State Intellectual Property Office Patent Office". "Collected by Bureau ×× Agency". If the application documents are submitted through a courier company, the date of actual receipt by the Patent Office acceptance office and each Patent Office agency shall be the date of application. One registered letter should contain only the documents for the same application. After mailing, the applicant should properly keep the registered receipt stub.

(3) The Patent Office does not accept samples, samples or models when accepting patent applications. During the examination procedure, when the applicant submits samples or models at the request of the examiner, if the applicant submits the sample or model in person at the patent office acceptance window, the applicant shall present the notice of examination opinion; if the applicant submits the sample or model by mail, it shall indicate on the email “In response to the examiner ××× ( name) request to submit a model".

18. Introduction to PCT international applications

Patent Cooperation Treaty (PATENT COOPERATION

TREATY), referred to as PCT. An application filed under the PCT is called a PCT international application. For more information about PCT, see /ztzl/ywzt/pct/.