Patent application is to hold the relevant documents of patent application and go directly to the reception office in China National Intellectual Property Administration or its subordinate reception offices. If these places are far away from their place of residence, you can also sort out all the materials needed to apply for a patent by mail and send them to China National Intellectual Property Administration for processing.
(1) An application for a patent for invention
1. Approval process of invention patent application Patent application-acceptance-preliminary examination-publication-substantive examination request-substantive examination-authorization
2. Documents to be submitted when applying for a patent for invention
(1) request: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc.
(2) Description: including the name of the invention patent, its technical field, background technology, invention content, attached drawings and specific implementation methods.
(3) Claim: explain the technical features of the invention, and clearly and concisely state the content to be protected.
(4) Illustration: Invention patents often have drawings. If only words are enough to describe the technical scheme clearly and completely, there is no need for drawings.
(2) An application for a patent for utility model
1. Approval process of utility model patent application Patent application-acceptance-preliminary examination-authorization
2. Documents to be submitted when applying for a patent for utility model
(1) request: including the name of the utility model patent, the name of the inventor or designer, the name and address of the applicant, etc.
(2) Description: including the name, technical field, background technology, invention content, drawings and specific implementation of the utility model patent. The contents of the manual should be written in detail, and the technical contents mentioned shall be subject to the realization after reading by ordinary technicians in this technical field.
(3) Claim: Explain the technical features of the utility model, and clearly and concisely state the contents of the requested protection.
(4) Illustration: The patent for utility model must have attached drawings.
(5) Description abstract: clearly reflect the technical problem to be solved by the invention, the main points and main uses of the technical scheme to solve this problem.
(3) An application for a patent for appearance
1. Application for patent for appearance-acceptance-preliminary examination-authorization
2, the appearance patent documents to be submitted
Request: including the name of the design patent, the name of the designer, the name and address of the applicant, etc. Design pictures or photos: at least two groups of pictures or photos (front view, back view, top view, bottom view, left view, right view and, if necessary, stereoscopic view) Brief description of design: Brief description of design shall be submitted if necessary.
legal ground
patent law of the people's republic of china
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 27
To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
Article 28
The date when the patent administrative department of the State Council receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29
An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.
Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.
Article 30
Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of the first application.
Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.
Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.
Article 31
An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.
Article 32
The applicant may withdraw his patent application at any time before being granted the patent right.