What steps does an invention patent application go through?

There are many steps to go through when applying for an invention patent. I believe everyone knows what a patent is, but for patent rights, it still has many characteristics, such as the creativity of patent rights. I believe everyone has a lot of questions about this. People are not very clear, so what are the steps to go through when applying for an invention patent? The editor of Hualv has summarized the relevant knowledge for your reference. I hope it can help you.

What steps does an invention patent application go through

1. Submit application documents: When applying for an invention patent, a document request letter, Claims, description, description drawings, summary of the description and its documents.

2. Acceptance: The Patent Office of the National Intellectual Property Office will receive the patent application documents and issue an acceptance notice, confirm the patent application and assign a patent application number. In the absence of necessary application documents or other Violations of legal requirements will be accepted

3. Preliminary examination: The Patent Office receives the application documents and first conducts a formal examination of the application documents, fee payment, etc. Applications that pass the preliminary examination shall be carried out according to the notice. To repair or state an opinion.

4. Announcement: The invention patent application has passed the preliminary examination and entered the stage. After preliminary examination, if the patent requirements are met, the patent office will announce it within 18 months from the date of application. Publish the application early as requested

5. Substantive examination: The Patent Office conducts a substantive examination of the invention patent document, which takes about one and a half to two years, during which the examiner will The essence of the invention, that is, the novelty, creativity and practicality issues are communicated with the applicant. The back-and-forth communication may be repeated several times until the revision is made to the examiner's satisfaction.

6. Authorization: After the examination is finally passed, the Patent Office will issue an authorization notice indicating that it agrees to the authorization. After receiving the authorization notice and the applicant registers the authorization, the patent authorization announcement will take effect, and the patent certificate will be obtained in about 2-3 months.

Nature of patent rights

1. Exclusivity, exclusivity, also called exclusivity or exclusiveness . The patentee has exclusive or exclusive rights to the patent rights it owns. No one may use it without its permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights).

2. Temporality,Temporality means that the legal protection of the patent owner is not unlimited, but has a limit. If it exceeds this time limit, it will no longer be protected. The patent right will immediately become the common wealth of mankind and anyone can use it.

3. Regionality. Regionality refers to any patent right that can only be generated in accordance with the laws of a certain region and is protected by law in that region. This is another important legal feature that distinguishes it from tangible property. According to this feature, patent rights obtained under the laws of a country are only protected by law in the field of that country, and are not protected by the laws of that country in other countries, unless there is a bilateral patent (intellectual property) protection agreement between the two countries. Or jointly participated in international conventions on the protection of patents (intellectual property rights).

Rights of patent rights

(1) Implementation licensing rights, which means that the patentee can License others to implement their patented technology and collect patent royalties. To license others to exploit a patent, the parties shall enter into a written contract.

(2) Transfer right, patent rights can be transferred. To transfer a patent right, the parties concerned shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the patent right shall take effect from the date of registration. Any transfer of patent rights by Chinese entities or individuals to foreigners must be approved by the relevant competent authorities under the State Council.

(3) Right of marking, which refers to the right of the patentee to indicate the patent mark and patent number on its patented product or the packaging of the product.

The editor reminds you that the grace period without loss of novelty as stipulated in my country's patent law is not recognized in most countries, and it is not so wide in China. The deadline is not a priority given to the applicant. Therefore, to be sure, you should file a patent application as soon as possible after completing the invention. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.