Domestic patent application process

A Patent is an exclusive right granted by the state to an inventor or designer for a certain period of time on his or her invention and design results. So what is the domestic patent application process? The editor of Legal Savior Network will give you the answer, let’s take a look.

Domestic patent application process

1. Application review process:

According to the patent law, the review and approval process for invention patent applications includes There are five stages: acceptance, preliminary review, publication, actual review and authorization. Utility model or design patent applications do not undergo early publication and substantive examination during the approval process. There are only three stages: acceptance, preliminary examination and authorization. The specific flow chart is as follows:

Domestic patent application process

2. Patent granting process

1. Before granting a patent right, the Patent Office shall issue a notice of granting the patent right.

2. When the Patent Office issues a notice of granting the patent right, it shall also issue a notice of registration procedures. The applicant shall apply within two days from the date of receipt of the notice. Complete the registration procedures within a month.

3. When completing the registration procedures, the applicant shall pay the patent registration fee within the prescribed period, the patent registration fee for the year of authorization (specified in the registration notice) and (year) annual fee, announcement printing fee, and patent certificate stamp tax. Applications for invention patents must also pay application maintenance fees for each year except the year of authorization.

4. If the applicant completes the registration procedures within the prescribed time limit, the Patent Office shall issue a patent certificate, register and announce it at the same time, and the patent right shall be effective from the date of announcement. Effective from now on.

3. Things to note

1. Apply before applying for a patent Persons and inventors should carefully review the patentability (novelty, inventiveness and practicality) of the patent to be applied for, and conduct a preliminary patent search based on their own understanding of the industry to determine the probability of obtaining patent authorization.Usually, the following issues should be considered before applying:

(1) Novelty;

(2 ) Creativity;

(3) Practicality.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.