To apply for a patent for invention and a patent for utility model, the application documents include: patent request, specification, drawings of the specification, patent claim, abstract and drawings in duplicate.
Write patent application documents
Applicants usually hire a licensed patent agent to help them apply for a patent. After the two parties sign the entrustment agreement, the applicant will generally provide the patent disclosure materials, and the agent will write the documents according to the contents of the disclosure materials. Patent application documents include specification, claims, drawings of specification, abstract of specification, etc. Patent claim is a legal document to determine the scope of patent protection, while other documents disclose the invention in detail and give literal and substantive support to the scope of patent claim protection.
Pre-patent application retrieval
Before applying for a patent, it is best to search to determine which inventions belong to the "prior art". If the content of the application has been recorded in the retrieved patent documents or other public publications, it may affect the authorization prospect of the application. In addition, even if there is no literature, the patent application will be rejected if others can determine that it is common knowledge in this field.
Writing of patent application documents
Inventions and utility models: request, specification and its abstract, patent claim; Inventions can have drawings as required, and utility models must have drawings; An application for invention involving new biomaterials shall submit a preservation certificate and a survival certificate; Where nucleic acid or amino acid sequence is involved, the machine-readable text of the sequence table shall be submitted.
Design: requirements, pictures or photographs; Indicate the products using the design and their categories; Request for color protection, submit color pictures or photos; If necessary, write a brief description of the design; Brief description should indicate design points, omitted views, colors to be protected, etc.
Submit patent application documents to the Patent Office.
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Patent office review conclusion
China Patent Office will authorize or reject the examination conclusion according to the examination situation. Generally, this process takes about 6 months for design, 6-8 months for utility model and 1.5-2 years for invention patent. (after a certain period of time from the date of application) to be published and given temporary protection; Within a certain period after publication (3 years in China), the applicant requests the Patent Office for substantive examination. If the applicant fails to request substantive examination within the time limit, the application shall be deemed to have been withdrawn. )
Go through the formalities of patent registration or request for reexamination: If the patent application is authorized, go through the registration formalities according to the requirements of the patent authorization notice and obtain the patent certificate. If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances. At this point, the patent application process is over.