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Analysis of key points of patent application

Release Time：

2023-07-14

The first step in obtaining patent rights is to file a patent application. To apply for a patent, the applicant needs to apply to the national patent office and obtain a patent certificate after review and approval. However, when applying for a patent, you need to submit a series of application materials, such as a request, description, abstract, and claims. These steps involve so much expertise and process nodes that it’s easy to feel confused and uneasy. Therefore, many people choose to seek the help of a patent agency to apply for a patent more smoothly. So, what are the key process points of patent application? Let’s find out together.

01 Filling out and writing patent application documents

Writing a patent application document is a task with specific requirements, which requires rigorous filling and writing. Although applicants can apply by themselves, it is best to entrust an agency to handle it on their behalf. This is because the application documents are very important and the approval process is quite strict. If you do not have enough experience, entrusting an agency will be a wise choice, which can ensure the quality of application documents and make your patent application smoother.

02 Acceptance of patent applications

After receiving the patent application, the Patent Office will determine the filing date and issue an application number for applications that meet the acceptance conditions, and then issue an acceptance notice.

03 How to pay the application fee

You can pay the application fee and other fees directly to the patent office fee office or agency, or you can choose to pay through the post office or bank. When remitting money, be sure to fill in the correct application number or patent number on the remittance form, and use the abbreviation to pay the fee. At the same time, it is recommended to ask bank or post office staff to enter the above payment information in the remittance postscript column. If you choose to remit money through the post office, you should also ask the staff to enter your complete mailing address, including zip code. This information will be very important in subsequent procedures, so be sure to fill it out correctly. Please note that fees cannot be sent to the Patent Office acceptance office. Of course, if you entrust an agency to apply, you don’t have to do these processes yourself.

04 Application fee payment time

If the patent application documents are submitted in person, the application fee can be paid after obtaining the acceptance notice and the application fee payment notice. If the application is submitted by mail, the application fee should be paid after receiving the acceptance notice and the application fee payment notice, because the corresponding application number needs to be stated when paying the application fee, but the date for payment of the application fee must not be later than the date of application. Two months from date. Similarly, if you entrust an agency to handle it, you don't need to complete these processes yourself.

05 Patent approval process

According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model or design patent applications are not subject to publication and substantive examination during approval, but only three stages: acceptance, preliminary examination and authorization.

06 Active modification and correction of patent application documents

Utility model and design patent applications are only allowed to submit active amendments within two months from the filing date; invention patent applications are only allowed to be submitted when a request for substantive examination is made and after receiving a notice from the Patent Office that the invention patent application has entered the substantive examination stage. Actively modify the patent application documents within three months from the date of application.

07 Patent application deemed withdrawn and its reinstatement

If the required procedures are not completed within the time limit, the application will be deemed withdrawn. Unless you have legitimate reasons, you can request restoration of your rights within two months of receiving the withdrawal notice. There are sufficient and legitimate reasons to pay the restoration fee, submit a request for restoration of rights, and complete various unfinished procedures.

08 Complete the patent registration procedures

If your utility model and design patent applications have passed preliminary examination, and there are no reasons for rejection after substantive examination of your invention patent application, congratulations on getting the patent right! At this time, the Patent Office will issue you an authorization notice and a registration formalities notice. In order to obtain patent rights and issue a patent certificate, you need to complete the registration procedures within two months as required by the notice and pay the prescribed fees. If you fail to complete these steps within the prescribed time limit, you will be considered to have given up the opportunity to patent rights. Therefore, we must pay close attention to the requirements of the notification and go through the registration procedures in a timely manner to ensure the final grant of the patent right.

09 Fees payable for registration procedures

When going through the registration procedures, there is no need to submit any documents. The applicant only needs to pay the patent registration fee (including announcement printing fees) and the annual fee and stamp tax for the year of authorization as required. When applying for authorization of an invention patent, if it is more than two years from the application date, Application maintenance fees must also be paid. The corresponding fees shall be paid in the year specified in the registration notice in the year of authorization.

10 Maintenance of patent rights

After a patent application is granted a patent right, the patentee shall prepay the annual fee for the next year one month before the expiration of each year. If the annual fee is not paid or is not fully paid upon expiration, the Patent Office will issue a payment notice and notify the patentee to pay the annual fee within six months from the expiration date, and to pay late payment fees at the same time. The amount of the late payment fee is calculated as an additional 5% of the full annual fee for that year for each month beyond the prescribed payment time; if the payment is not made at the end of the period or the amount paid is insufficient, the patent right shall be terminated from the date of expiration of the annual fee payable.

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