What are the scope and procedures for accepting patent applications?

After a patent inventor has invented a patent, he can protect his patent through a Patent application. After the patent application is accepted, only the applicant can use the patent, and other people must obtain the consent of the patent owner. So what are the scope and procedures for patent application acceptance? The editor of Legal Savior Network will answer the questions for readers below.

1. Scope of Acceptance of Patent Applications

Scope of Acceptance of Patent Applications

1. Receive patent application documents for inventions, utility models, and designs submitted in person or by mail from domestic applicants.

2. Receive three types of patent application documents for inventions, utility models and designs from residents of Hong Kong, Macao and Taiwan entrusted by mainland patent agencies.

3. PCT application documents will not be accepted.

4. Patent application documents submitted by overseas applicants and legal persons from Hong Kong, Macao and Taiwan will not be accepted.

5. Divisional application documents will not be accepted.

6. Patent application documents requiring a priority statement will not be accepted.

7. Intermediate documents submitted after the patent application is accepted will not be accepted.

①Invention refers to a new technical solution proposed for a product, method or improvement thereof;

② Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use;

③Appearance design refers to the design of a product Shapes, patterns or combinations and combinations of colors with shapes and patterns are aesthetically pleasing and suitable for industrial applications.

2. Patent Application Acceptance Procedure

(1) I Submit a letter of request

The letter of request is the basis for determining the three types of patent applications: invention, utility or design, and should be selected with caution; it is recommended to use the unified form of the Patent Office. The request letter includesIndicate the name of the utility model or the name of the product using the design; the name of the inventor or design, the name of the applicant, the address (including postal code), and other matters:

①The nationality of the applicant. The applicant is a business or other organization in the country where its headquarters is located.

② The applicant entrusting a patent agency should indicate relevant matters. If the applicant is applying for more than two people or an organization without entrusting an agency, the representative should be a natural person and the contact person's name, address, postal code and contact number should be indicated.

③The type of divisional patent application (an application that has been rejected, withdrawn or deemed to be withdrawn, and a divisional application cannot be filed) should be consistent with the original application, and the original application should be noted day, otherwise, the application will not be processed as a divisional case. For inventions or utility models that claim domestic priority, the application country and filing date of the earlier application must be indicated in the request, and the application must be submitted within one year from the date of the earlier application.

④List of application documents

⑤List of additional documents

⑥Signature or seal of the parties

⑦Other matters with special requirements.

(2). Applicants should submit the following materials:

①Instructions

The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it.

② Claims

The claims should be based on the description, description or utility model. Technical features, clearly and briefly state the scope of patent protection requested.

③The description and drawings

The description and drawings are necessary documents for new patent applications. If necessary, drawings should also be submitted when applying for an invention patent. The drawings should be drawn using drawing tools and paints, and should not be altered or easily erased.

④Summary of the instruction manual and summary drawings

For inventions and utility models, an abstract of the description (limited to 300 words) summarizing the content disclosed in the application should be submitted. If there are drawings, the abstract of the description and accompanying drawings should also be submitted.

⑤Pictures or photos of the design

For design patent applications, pictures or photos of the design should be submitted, and a brief description should be given if necessary.

(3) Acceptance (time is 3 months from the date of application)

①Issuance of acceptance notice, Fee payment notice;

②Pay the application fee.

D. Preliminary review (time is 2 months )

① Submit the request letter and relevant materials submitted by the applicant to the provincial and municipal patent offices for expert review;

②Write preliminary review opinions.

E. Announce and issue a preliminary review qualification notice

F. Substantive examination (4 months)

① Submit the request for substantive examination in person;

②Pay the substantive examination fee;

③The expert group enters the substantive examination and writes the substantive examination opinion.

G. Issue a patent notification to notify the applicant.

3. Conditions for patent application

1. Does not violate national laws, social ethics or hinder public interests.

2. Does not fall within Article 1 of the Patent Law The scope within which patent rights are not granted as stipulated in Article 25.

3. Those applying for invention and utility model patents must possess novelty, creativity and practicality.

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Novelty means that the same invention-creation has not been published in domestic or foreign publications before the filing date, and has not been published in domestic or foreign publications before the filing date.The same invention or utility model has been publicly used or otherwise known to the public, and no other person has applied for the same invention or utility model to the patent administration department of the State Council and recorded it in the patent application documents published after the application date.

Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress.

Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.

When applying for a design patent, it shall be different from and similar to the design that has been publicly published in domestic and foreign publications or has been publicly used domestically before the filing date. , and shall not conflict with the previously acquired legal rights of others.

The article provides answers to the scope of acceptance of patent applications, the procedures for application acceptance, and the conditions for patent applications. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.