Patent application 13 key process points detailed.

Experts from Nanjing Huaxun introduced that patent application is a necessary procedure for obtaining patent rights. For the acquisition of a patent right, the applicant shall apply to the State Patent Office, which shall approve and issue a certificate. When filing a patent application with the national patent authority, the applicant shall also submit a series of application documents, such as a request, description, abstract and claims, etc. In terms of patent applications, the provisions of patent laws around the world are basically the same.

Patent application: An invention-creation must be filed by the applicant with a government department (in China, it is currently the State Intellectual Property Office of the People's Republic of China) and approved by the State Intellectual Property Office of the People's Republic of China in accordance with legal procedures before it can be obtained. In China, there are currently three types of inventions, namely, inventions, utility models and designs.

At the application stage, they are called invention patent applications, utility model patent applications and design patent applications. After obtaining the authorization, they are called invention patent, utility model patent and design patent respectively. At this time, the applicant is the patentee of the corresponding patent.

Nanjing Hua Xun U.S. Patent Process Details

1. Completion and writing of patent application documents

There are specific requirements for the filling and writing of patent application documents, and the applicant can fill in or write it himself, or entrust a patent agency to handle it on his behalf. Although the entrustment of patent agency is non-mandatory, considering the importance of carefully writing patent application documents and the legal rigor of the approval process, it is worth advocating for applicants with little experience.

2. Acceptance of patent applications

After receiving the patent application, the patent office or the representative office of each patent office will determine the application date, give the application number and issue the acceptance notice for the application that meets the acceptance conditions.

A. 3. Payment Method of Application Fee

The application fee and other fees can be paid directly to the Patent Office or the Patent Office's representative office, or through the bank or post office. Currently, banks use electronic transfers and post offices use electronic remittances. When the payer pays the patent fee through the post office or bank, he shall state the correct application number or patent number on the remittance slip, and the name of the fee paid shall use the abbreviation. The remitter shall require the bank or post office staff to enter the above payment information in the remittance postscript column, and if the remittance is made through the post office, the post office staff shall also be required to enter the complete mailing address, including the postal code, which will play an important role in the subsequent procedures. The fee shall not be sent to the Patent Office.

A. 4. Time of payment of application fee

If the patent application documents are handed in, the application fee may be paid after obtaining the notice of acceptance and the notice of payment of the application fee. If the application is submitted by mail, the application fee shall be paid after receiving the notice of acceptance and the notice of payment of the application fee, because the corresponding application number shall be indicated for the payment of the application fee, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.

A. 5. patent examination and approval procedure

According to the Patent Law, the examination and approval process of an application for a patent for an invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. In the examination and approval of an application for a patent for utility model or design, there is no publication and substantive examination, but only three stages: acceptance, preliminary examination and authorization.

A. 6. Active modification and correction of patent application documents

The active modification and correction of the patent application documents is also a procedure that the applicant can choose as needed. Patent applications for utility models and designs are only allowed to be amended on their own initiative within two months from the date of application; patent applications for inventions are only allowed to be amended on their own initiative within three months from the date of filing a request for an actual examination and receiving a notice from the Patent Office that the patent application for inventions has entered the substantive examination stage.

and inscribe 7. Reply to Various Notices of the Patent Office

(1) Compliance with the response period, late response and non-response consequences are the same. In response to the questions pointed out in the notice of review opinions, reply by category. The reply may express agreement with the opinions of the examiner, and make corrections or modify the application in accordance with the examination opinions; if you do not agree with the opinions of the examiner, you shall state your opinions and reasons.

(2) is a defect in the form or procedure, which can generally be eliminated by correction; obvious substantive defects are generally difficult to eliminate by correction or modification, and in most cases can only be defended and stated on whether there are or are obvious substantive defects.

(3) The correction or modification of the invention or utility model patent application shall not exceed the scope of the original specification and claims, and the modification of the design patent application shall not exceed the scope of the original picture or photo representation. Revision documents shall be submitted with replacement pages in the prescribed format.

(4) The response shall be submitted in the prescribed format. Such as submitting a correction or statement of opinions. In general, the form of correction or procedural problems shall be corrected, and the substantive content of the application shall be modified by the statement of opinions. The applicant does not agree with the examiner's opinions, and the statement of opinions shall be used when defending.

and inscribe 8. Deemed withdrawal of patent application and its reinstatement

If the prescribed formalities are not completed within the time limit, the application will be deemed to be withdrawn, and the Patent Office will issue a notice of deemed withdrawal. If the applicant has a valid reason, he may, within two months from the date of receipt of the notice of deemed withdrawal, request the Patent Office to restore the right and explain the reasons. If a request is made for the restoration of rights, a "request for the restoration of rights" shall be submitted, stating the justifiable reasons for the delay, paying the restoration fee, and at the same time completing the unfinished formalities that should be handled. Completing the formalities and paying the fees shall generally be completed within the above two months.

9. handle patent registration formalities

If the application for a patent for utility model and design has been preliminarily examined, and the application for a patent for invention has been examined in substance and no reason for rejection has been found, the Patent Office will issue a notice of authorization and a notice of registration. After receiving the notice of authorization and the notice of registration, the applicant shall go through the registration procedures and pay the prescribed fees within two months in accordance with the requirements of the notice. If the registration procedures have been completed and the prescribed fees paid within the time limit, the Patent Office will grant the patent right, issue the patent certificate, record it in the patent register and announce it in the patent gazette, and the patent right shall take effect from the date of the announcement. Failure to go through the formalities of registration within the prescribed time limit shall be deemed to have waived the right to obtain the patent right.

10. Fees payable for registration

When going through the registration formalities, there is no need to submit any documents, the applicant only needs to pay the patent registration fee (including the announcement printing fee) and the annual fee and stamp duty of the year of authorization, and if the application for authorization of the invention patent is more than two years apart, the application maintenance fee shall also be paid. Authorize the current year to pay the corresponding fees in accordance with the year specified in the notice of registration procedures.

arbour 11. Maintenance of patent right

When a patent application is granted, the patentee shall pay the annual fee for the following year one month before the expiration of each year. If the payment is not paid or not paid in full at the expiration of the period, the Patent Office will issue a notice of payment, notifying the patentee to make up the payment within six months from the date of the expiration of the annual fee due, and pay the late fee at the same time. The amount of the late fee shall be calculated according to 5% of the full annual fee for each month exceeding the prescribed payment time; if the payment is not paid or the amount paid is insufficient, the patent right shall be terminated from the date of expiration of the annual fee payable.

arbour 12. Termination of patent rights

The termination of a patent right can be divided:

(1) Termination at the expiration of the term: the patent right for invention shall be maintained for 20 years from the date of application, and the patent right for utility model or design shall be maintained for 10 years from the date of application, and shall be terminated according to law;

(2) Non-payment termination: The Patent Office issued a notice of payment, notifying the applicant to pay the annual fee and late fee, the applicant has not paid or paid the annual fee and late fee, the patent right from the expiration of the previous year from the date of termination.

13. Invalidation of patent rights

From the date of authorization, any unit or individual who considers that the grant of the patent right does not comply with the relevant provisions of the Patent Law may request that the patent right be declared invalid. Where a patent right is requested to be declared invalid or partially invalid, a fee shall be paid in accordance with the provisions, and a request for invalidation shall be submitted in duplicate, stating the name and patent number of the patent requested to be invalidated, the facts and reasons on which it is based, and attaching the necessary evidence. If any party is not satisfied with the decision on the request for invalidation of the patent, it may, within three months from the date of receipt of the notification, bring a suit in a people's court. The Patent Office shall register and publish the decision after it has taken legal effect. A patent right that has been declared invalid shall be deemed to be non-existent from the beginning.