What are the procedures for patent application
Patent application is a necessary procedure to obtain patent rights. To obtain a patent right, the applicant must submit an application to the national patent office, which shall approve and issue a certificate. When applying for a patent to the national patent office, the applicant should also submit a series of application documents, such as request, description, abstract, claims, etc. In terms of patent application, the provisions of patent laws in various countries around the world are basically the same. You can apply by yourself or find an agency to apply.
Patent application procedure:
(1) Principles for granting patents:
According to the basic principles of patent law, only one patent right can be granted for the same invention. When two or more people file patent applications for the same invention, there are two principles: one is the first-to-invent principle, and the other is the first-to-file principle. The first-to-invent principle means that if two or more people file patent applications for the same invention, the patent right should be awarded to the person who made the invention first, regardless of the time when they filed the patent application. However, because when adopting this principle, many practical difficulties are often encountered in determining who is the first inventor, therefore, only a few countries in the world, such as the United States, Canada and the Philippines, use this patent. Application typein principle. The so-called first-to-file principle means that when two or more people file separate applications for the same invention, the patent right will be granted to the latest person regardless of the order in which they made the invention. Whoever applies first, China and most countries in the world adopt this principle.
(2) Patent examination procedure:
Countries have different requirements for the examination of patent applications, and basically implement two different systems. Some countries implement a formal examination system, which only examines whether the form of the patent application meets the requirements of the law, but does not examine whether the invention meets substantive conditions such as novelty. Some countries implement a substantive examination system, which not only examines the form of the application, but also conducts a substantive examination on whether the invention meets conditions such as novelty, advancement, and practicality. Only inventions that meet the above patent conditions will be granted patent rights. China and most countries in the world adopt a substantive review system.
Things to note when applying for a patent
Apply for a patent to the Patent Office or handle other matters For formalities, the application documents or other documents can be submitted or mailed directly to the Patent Office Acceptance Office or any of the above-mentioned Patent Office agencies. When submitting documents, you should pay attention to the following matters:
(1) When submitting application documents or documents for various procedures to the Patent Office, national intellectual property rights shall be used The application documents should be in duplicate, and the formal documents can be in duplicate; the form can be downloaded from the Internet, or can be obtained from the acceptance hall of the State Intellectual Property Office or by letter (Send the letter to: Issuing Office of the Preliminary Examination and Process Management Department of the Patent Office of the State Intellectual Property Office).
(2) One form can only be used for A patent application.
(3) Various submissions to the Patent Office All document applicants should keep the manuscript to ensure the consistency of document filling during the application review and approval process, and can use it as a reference when responding to review comments.
(4) The application documents are mailed and should be Use 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". It is best not to submit application documents through a courier company. Submit application documents through a courier company. The date of actual receipt by the Patent Office acceptance office and each patent office agency is the filing date. One registered letter should contain only the documents for the same application. After mailing, the applicant should properly keep the registered receipt stub.
(5) When the Patent Office accepts a patent application No samples, specimens or models will be accepted. 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".
(6) The applicant or patentee If the address changes, the applicant should promptly submit a change to the bibliographic items to the Patent Office; to terminate the agency relationship with the patent office, the applicant should go through the change procedures with the Patent Office.
The above is the editor of Legal Savior Network explaining to you the procedures for patent application. In addition We also introduce to you the precautions for patent application. It is easier to apply for a patent sooner rather than later. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
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