What are the procedures for applying for an invention patent?
According to the Patent Law, the approval process for invention Patent applications is divided into five stages: acceptance, preliminary examination, publication, substantive examination and authorization:/>
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(1) Acceptance stage
The Patent Office will review the patent application after receiving it. If it meets the requirements, it will be accepted. If the conditions are met, the Patent Office will determine the filing date, give the application number, and after verifying the document list, issue an acceptance notice to notify the applicant. If the application documents are not typed, printed or illegible, or have been altered; or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred or altered; or the application documents are incomplete; or the request is missing If the applicant's name and address are unknown; or if the patent application category is unclear or cannot be determined, and patent applications submitted directly by foreign entities and individuals without a foreign-related patent agency, they will not be accepted.
(2) Preliminary examination stage
After acceptance, the patent application must be paid in accordance with regulations. If there is no fee, it will automatically enter the preliminary review stage. Before the preliminary examination, the invention patent application must first undergo a confidentiality review. If confidentiality is required, it shall be handled according to confidentiality procedures. The preliminary examination is to examine whether there are obvious defects in the application, mainly including whether the content of the examination falls within the scope of not granting patent rights in the Patent Law, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether it lacks unity, and whether the application documents are complete and whether the format meets the requirements. If you are a foreign applicant, you will also need to undergo a qualification review and application procedures review. If the application is unqualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit. If the applicant fails to respond within the time limit, the application will be deemed to have been withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. If the invention patent application passes the preliminary examination, a preliminary examination passing notice will be issued. For utility model and appearanceIn addition to the above-mentioned review, a design patent application must also be reviewed to see whether it is obviously the same as an existing patent, is not a new technical solution or a new design, and no reason for rejection is found after the preliminary review. Will go directly to the authorization order.
(3) Announcement stage
The invention patent application enters the publication stage from the issuance of the preliminary examination qualification notice. If the applicant does not make a request for early disclosure, it will not enter the disclosure preparation process until 18 months from the filing date. . If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette and a single volume of the specification will be published in the Patent Gazette about three months later. After the application is published, the applicant obtains the right to temporary protection.(4) Substantive examination stage
After the invention patent application is published, if the applicant has If a request for substantive examination has been submitted and has taken effect, the applicant shall enter the substantive examination procedure. If the applicant has not submitted a request for substantive examination within three years from the date of application, or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
During the actual examination, a comprehensive review will be conducted on whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the conditions for authorization are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn, and the application still does not meet the requirements after multiple replies. , be dismissed. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn. If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
(5) Authorization stage
After preliminary examination and If no reason for rejection is found after substantive examination of the invention patent application, the examiner shall issue an authorization notice, and the application will be prepared for authorization registration. After reviewing the legal validity and completeness of the authorization text, and proofreading and modifying the bibliographic items of the patent application, The Patent Office issues a notice of authorization and a notice of registration procedures. After receiving the notice, the applicant shall complete the registration procedures and pay the prescribed fees within 2 months in accordance with the requirements of the notice, and complete the procedures on time.If the registration procedures are completed, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the Patent Gazette 2 months later. Failure to complete the registration procedures as required will be deemed to have given up the right to obtain the patent right. .
From the above description, we can know that there are five stages in the invention patent application process. When applying for an invention patent, only when each stage is completed can the process be completed. Enter the next stage. Only the right holder can correctly exercise his rights by applying for and obtaining an invention patent. If you still need to know more about the information that needs to be prepared for invention patent application, we also welcome you to go to the Legal Savior website for online consultation. We have the most professional lawyers to provide you with legal help to safeguard your legitimate rights and interests.
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