1. What are the procedures for application for an invention patent?
The application for an invention patent is to The technical content that conforms to the authorized object of the patent law should be written into the prescribed file format in accordance with the requirements of the patent law, and submitted to the patent office after meeting the prescribed language description rules. If the patent office does not find the existence of curves that do not comply with the relevant patent regulations, it will Grant patent rights to the request. The process of applying for an invention patent is divided into five stages: acceptance stage, preliminary examination stage, publication stage, substantive examination stage and authorization stage.
1. Patent acceptance stage
The Patent Office will review the patent application after receiving it. If If the acceptance conditions are met, the Patent Office will determine the application date and give an application number. After verifying the document list, it will issue an acceptance notice to notify the applicant.
2. Preliminary examination stage
After an accepted patent application, the application fee must be paid in accordance with regulations. Yes, it will automatically enter the preliminary review stage. Before the preliminary examination, the invention patent application must first be scrutinized confidentially. If confidentiality is required, it shall be handled in accordance with confidentiality procedures. During the preliminary examination, the application will be examined for obvious shortcomings, mainly including whether the content of the examination falls within the scope of the Patent Law that does not grant patent rights, 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 Whether it is complete and the format meets the requirements.
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 must wait until eighteen months from the application date to enter the public preparation stage.program. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing and typesetting and printing, about three months later, the summary of the specification will be published in the Patent Gazette and a single volume of the specification will be published. 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 submitted Refers to an examination request that has taken effect and the applicant enters the substantive examination process. 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.
5. Authorization stage
If there is no discovery after substantive examination of the invention patent application The reason for rejection is that the examiner issued an authorization notice and the application was 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 issued an authorization notice. After receiving the notice, the applicant shall complete the registration formalities and pay the prescribed fees within two months in accordance with the requirements of the notice. If the registration formalities are completed on time, the Patent Office will grant the patent right and issue a patent certificate. , record it in the patent register, and publish it in the Patent Gazette two months later. If the registration procedures are not completed in accordance with the regulations, it will be deemed to have given up the right to obtain the patent right.
2. How many years is the protection period of the invention patent?
The protection period of Chinese invention patents is 20 years. If the patent annual fee is not paid as required or the patent renouncement is declared in writing, the protection period will be terminated early.
Article 42 of the "Patent Law of the People's Republic of China" stipulates that the term of invention patents is twenty years, and the term of utility model and design patents is ten years. years, calculated from the date of application.
Article 43, the patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44, if one of the following circumstances occurs, the patent right shall be terminated early before the expiration of the term:
(1) Failure to pay annual fees as required;
(2) The patentee gives up the patent right in a written statement.
If the patent right is terminated early before the expiration of the term, the Patent Office of the State Council shall Administrative department registration and announcement.
Because the invention patent application process takes too long and the time cost is too high, many companies or individuals do not have so much time to follow up. Most people have their own things to do regarding these processes, and invention patents are also the most difficult and valuable of the three patents. If you have a lot of time and are experienced in patent applications, you can also do it yourself Try to apply.
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