What procedures should be followed for national patent applications
Application document preparation
When applying for an invention patent, the application documents should include: a request for an invention patent, Abstract, abstract drawings (when applicable), description, claims, description drawings (when applicable), each in duplicate.
Invention patent applications involving amino acid or nucleotide sequences , the sequence list should be included in the description, and the sequence list should be submitted as a separate part of the description, and the page numbers should be written consecutively with the description. At the same time, a CD or floppy disk containing the sequence list that complies with the regulations of the State Intellectual Property Office should also be submitted.
When applying for a utility model patent, the application documents should include: Utility model patent request, abstract, abstract drawings (when applicable), description, claims, description drawings, each in duplicate.
When applying for a design patent, the application documents should include: Design patent application form, picturesor photos (if color protection is required, color pictures or photos should be submitted) and a brief description of the design, each in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed.
Department that accepts patent applications
When applying for a patent, the applicant can submit the application documents Submit it in person to the acceptance window of the Patent Office of the State Intellectual Property Office or mail it to the "Patent Office Acceptance Office of the State Intellectual Property Office" (hereinafter referred to as the Patent Office Acceptance Office). You can also submit it in person to the local Patent Office of the State Intellectual Property Office. The acceptance window of the agency (hereinafter referred to as the Patent Office Agency) or mail it to the "Patent Office ××× Agency" for collection. Currently in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi'an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, Shenzhen, Fuzhou, Nanning, Urumqi, Nanchang, The Patent Office of the State Intellectual Property Office was established in Yinchuan and Hefei. The National Defense Patent Branch specializes in accepting applications for national defense patents.
Processing patent applications
1. How to apply for a patent
When applying for a patent, you must submit the necessary application documents and pay the fees as required. Patent applications must be processed in paper form or electronic application form. Verbal explanations or provision of samples or models cannot be used in place of paper or electronic application documents.
All formal documents should be signed and sealed in accordance with regulations, and the signature and seal should be completely consistent with the name or name filled in the request. The signature and seal must not be copied. For procedures involving the transfer of rights, there should be All applicants shall sign and seal. Other procedures may be handled by the applicant’s representative. If a patent agency is entrusted, the signature and seal of the patent agency shall be used.
If the procedures require supporting documents or attachments, the supporting documents and attachments should be originals or copies, and photocopies are not allowed. For example If there is only one original copy, a copy can be used, but it must be accompanied by a certificate issued by a notary public that the copy is consistent with the original.
2. How to arrange application documents when submitting an application
Invention or utility model patent application documents should be arranged in the following order: request, abstract of description, abstract drawings, claims, description, description drawings. Appearance design Patent application documents should be arranged in the order of request, pictures or photos, and brief description. Each part of the application document should be numbered sequentially with Arabic numerals.
3. Paper requirements for application documents
The paper quality of application documents should be equivalent to the quality of copy machine paper. There should be no useless text, marks, frames, lines, etc. on the paper. All documents must be A4 size (210 mm × 297 mm) paper.
Application documentThe paper should be used in portrait orientation. The text should be arranged from left to right, leaving 25 mm of space on the left and top sides of the paper, and 15 mm of space on the right and bottom sides of the paper to facilitate publication and review. The first page of each part of the application document must use the form uniformly developed by the State Intellectual Property Office. These forms can be obtained from the information desk in the reception hall of the Patent Office, from the local Patent Office agencies, or downloaded directly from the website of the State Intellectual Property Office.
4. Text and writing requirements for application documents
All parts of the application documents must use Chinese characters. If there is no unified Chinese translation of foreign names, place names and scientific and technological terms, the original text should be indicated in brackets after the Chinese translation. If the attachment or certificate provided by the applicant is in a foreign language, it should be accompanied by a Chinese translation. The application documents (including the request letter) should be typed or printed in Song font, imitation Song font or regular script. The handwriting should be black and the character height should be between 3.5 and 4.5. mm, the line spacing should be between 2.5 and 3.5 mm. If it is required to submit two documents, one of them should be the original and the other should be a copy, and the contents of the two documents must be consistent. If there are pictures in the application documents, they should be drawn with ink and drawing tools, or drawn with drawing software. The lines should be even and clear and must not be altered. Engineering blueprints may not be used.
5. Unity requirements of patent application content
span>An invention or new utility patent application shall be limited to one Invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application. A design patent application shall be limited to one design. Two or more similar designs for the same product, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application.
6. Filling in and writing application documents
There are specific requirements for filling in and writing application documents. Applicants can fill in or write them by themselves, or they can entrust a patent agency to do it for them. .
7. Acceptance of patent applications
After the Patent Office Acceptance Office or each Patent Office agency receives the patent application , for applications that meet the acceptance conditions, the filing date will be determined, an application number will be given, and an acceptance notice will be issued. For application documents submitted in person to the Patent Office Acceptance Office or various Patent Office agencies, if the number is less than 10, then We will review whether the application meets the acceptance conditions, and issue an acceptance notice on the spot if the application meets the acceptance conditions.
8. Notice of Acceptance
If you submit application documents to the Patent Office Acceptance Office, you will generally receive an acceptance notice from the Patent Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office) in about one month. If you do not meet the acceptance conditions, you will receive a notice of rejection. and copies of the returned application documents. If the applicant has not received a notification from the Patent Office for more than one month, the applicant should promptly check with the Patent Office Acceptance Office to promptly discover the possible loss of the application documents or notification in the mail.
9. Things to note when submitting application documents
If you apply for a patent or go through other procedures with the Patent Office, you can submit the application documents or other documents in person Go to or mail it to the Patent Office acceptance office, or submit the application documents in person to or mail them to any Patent Office agency. Please note the following when submitting documents:
(1 ) To submit application documents or documents for various procedures to the Patent Office, the forms uniformly formulated by the State Intellectual Property Office should be used. 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 one patent applications.
(3) Various documents submitted to the Patent Office Applicants should keep the manuscript to ensure the consistency of document filling during the application review and approval process, and to use it as a reference when responding to review comments.
(4) Application documents are mailed and should be Registered letter. 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". If the application documents are submitted through a courier company, the date of actual receipt by the Patent Office acceptance office and each Patent Office agency shall be the date of application. One registered letter should contain only the documents for the same application. After mailing, the applicant should properly keep the registered receipt stub.
(5) The Patent Office does not accept samples, samples or models when accepting patent applications. During the examination procedure, when the applicant submits samples or models at the request of the examiner, if the patent If submitted in person at the Office's acceptance window, the notice of examination opinion should be presented; if submitted by mail, the words "Model submitted at the request of examiner ××× (name)" should be written on the email.
(6) If the address of the applicant or patentee changes, the bibliographic item should be submitted to the Patent Office in a timely manner Change; to terminate the agency relationship between the applicant and the patent office, the applicant should go through the change procedures with the Patent Office.
(7) If the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day, he shall state these separately in the application. If no explanation is given, Article 9 of the Patent Law shall not apply. Paragraph 1 of the Article stipulates that the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, which will result in the inability to authorize the invention patent.
(8) Any unit or individual who intends to directly apply for a patent in a foreign country for an invention or utility model completed in China must do so in advance. Submit a confidentiality review request to the Patent Office of the State Intellectual Property Office and explain its technical solution in detail; if you first apply for a patent to the Patent Office of the State Intellectual Property Office and plan to subsequently apply for a patent in a foreign country or submit an international patent application to relevant foreign institutions, you should A confidential review request may be made before applying for a patent in a foreign country or submitting an international patent application to a relevant foreign institution, or at the same time as applying for a patent in the Patent Office of the State Intellectual Property Office. Submitting an international patent application to the State Intellectual Property Office shall be regarded as A confidentiality review request was also submitted.
Patent fees
1. How to pay the application fee
Application fees and other fees can be paid directly to the Patent Office Charge Office or Patent Office Agency, or remitted through a bank or post office. Currently, banks use electronic transfer, and most post offices use electronic remittance. Payment When a person pays patent fees through a bank or post office, the correct application number or patent number should be written on the money order, and the abbreviation can be used for the name to be paid. The payer should
When bank or post office staff are required to enter the above payment information in the remittance postscript and remit money through the post office, you must also Postal staff should be required to enter the complete mailing address, including postal code. This information will play an important role in subsequent procedures. Fees must not be sent to the Patent Office Acceptance Office.
2. Application fee payment time
If you submit application documents in person, you can pay the application fee at that time after obtaining the acceptance notice and application fee payment notice, or you can pay it through the post office , Bank remittance. If the application is submitted by mail, the application fee shall be paid after receiving the acceptance notice and the application fee payment notice. When paying the application fee, the corresponding application number must be indicated. The applicant shall have two days from the date of application. Months or from the date of receipt of the acceptance notice.
3. Determination of payment date
To If the application fee or other fees are paid in person at the Patent Office Charges Division, the fee will be paid on the day of payment.Fee day. If the fee is paid by post office remittance, the postmark date remitted by the post office shall be the payment date. If fees are paid by bank transfer, the date of actual remittance by the bank shall be the payment date.
First prepare the required documents and then submit The national patent application is waiting for acceptance and a series of procedures.
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