How should citizens apply for a patent?

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 how do citizens apply for a patent? The editor of Legal Savior Network will give you the answer, let’s take a look.

How do citizens apply for patents

1. Application review process:

According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination 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:

2. Patent granting process/12/14384381670. JPG"/>

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 the notice of granting the patent right, it shall also issue a notice of registration procedures, and the applicant shall Complete the registration procedures within two months from the date of receipt of the notice.

3. Registration procedures When the applicant goes through the registration procedures , the patent registration fee, the annual fee for the year of authorization (the year specified in the registration notice), the announcement printing fee, and the patent certificate stamp tax must be paid within the prescribed period. Applications for invention patents must also pay in addition to Outside the year of authorizationApplication maintenance fee for each year.

4. If the applicant completes the registration procedures within the prescribed time limit, the Patent Office shall A patent certificate is issued, registered and announced at the same time, and the patent right takes effect from the date of announcement.

3. Notes

1. Before applying for a patent, applicants and inventors should carefully review the patentability (novelty, creativity 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 whether they can obtain patent authorization. probability. 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. Legal advice.