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Process and steps of invention patent application

Release Time：

2022-07-20

Modern society believes that we always hear the word "invention patent", then how to apply for invention patent? If you are interested in it, watch it with deep credibility!

1. Prepare the application documents

Invention patent application documents: invention patent request, specification abstract, claim, specification. If necessary, the relevant specification drawings, abstract drawings, sequence table, sequence table in computer-readable form carrier, genetic resource source registration form, preservation certificate, etc., shall also be submitted. A request for substantive examination may be made at the time of filing or within 3 years from the filing date (priority date).

2. Submit the application to the Patent Office

You can choose one of the following submission channels:

(1) Paper application: hand in person or mail to the acceptance hall of the Patent Office, or the representative office of the Patent Office in various places.

(2) Electronic application: Submit the document by editing the CPC client, or submit online using the web version of the electronic application system.

3. The Patent Office to accept the examination

After receiving the application documents submitted by the applicant, the Patent Office will examine whether there are reasons for not accepting the application, such as incorrect file format, lack of necessary document content, and so on.

Qualified: send the acceptance notice and pay the application fee notice

Failure: Issue a notice of inadmissibility (if the applicant has objections to the notice of inadmissibility, he can request administrative reconsideration within 60 days of receiving the notice).

4. The applicant pays the application fee

Invention patent application fee: 900 yuan, publication printing fee 50 yuan, substantive examination fee 2500 yuan.

If the fund reduction is recorded and approved, and the fee reduction is requested at the time of application, the application fee and the substantive examination fee will be reduced by 70% and 85% respectively according to different circumstances, and the actual payment will be 1070 yuan or 560 yuan.

5. The Patent Office initiates a preliminary examination

In accordance with the Patent Law, the implementing rules of the Patent Law, and the examination guidelines, the Patent Office examiners shall examine the requirements for the first examination of invention patents one by one.

If the conditions for preliminary examination are met, a notice of qualification for preliminary examination is issued

Does not meet the conditions of the initial examination: the issuance of a rectification notice, or a review opinion notice, requires the applicant to submit a rectification/reply to the review opinion notice within the time limit specified in the notice;

If the reply meets the conditions for authorization, a preliminary notice of qualification shall be issued;

If the reply still does not overcome the defects pointed out in the notice (the reasons have been informed twice), the rejection decision is issued, and the patent application process is concluded.

6. The Patent Office makes public the patent application documents

The patent application that passes the preliminary examination will enter the publication procedure, and the patent application document will be disclosed in the patent bulletin, and the publication number will be given.

7. The Patent Office initiates substantive examination

Where the applicant has filed a request for substantive examination and has paid the fee for substantive examination, the Patent Office shall, upon completion of the publication, initiate the procedure for substantive examination.

In accordance with the patent law, the implementing rules of the Patent Law, and the examination guidelines, the Patent Office examiners shall examine the substantive authorization requirements of invention patents one by one.

If the conditions for authorization are met, a notice of grant of patent right is issued

Does not meet the conditions of real examination: issued a rectification notice, or review opinion notice, the applicant needs to submit a rectification/reply to the review opinion notice within the time limit specified in the notice;

Where the reply meets the requirements for authorization, a notice of grant of patent right shall be issued;

If the reply still does not overcome the defects pointed out in the notice (the reasons have been informed twice), the rejection decision is issued, and the patent application process is concluded.

8. The applicant received the letter of authorization

After receiving the authorization notice and the registration notice, the applicant shall pay the annual fee and stamp duty in accordance with the requirements of the registration notice. After payment, the Patent Office typeset and publish the patent certificate, and the applicant will receive the patent certificate about half a month.

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