Complete process of invention patent application
1、 Acceptance stage
After the patent applicant submits the application documents to the Patent Office and the Patent Office examines them, if they meet the examination, the Patent Office will determine the application date, give the application number, and issue the acceptance notice after verifying the list of documents.
What are the circumstances in which the Patent Office does not accept patent applications? Including application documents that are not typed, printed, illegible or altered; The drawings and pictures are not drawn with drawing tools and black ink, and the pictures are blurred or altered; The application documents are incomplete; The applicant's name or address is missing from the request; The patent application category is not clear or cannot be determined.
2、 Preliminary review stage
Where an accepted patent application pays an application fee in accordance with the relevant provisions, it shall automatically enter the preliminary examination stage. Before the preliminary examination, an application for a patent for invention shall first be examined for confidentiality. If confidentiality is required, it shall be handled according to the confidentiality procedure.
What are the main contents to be reviewed in the preliminary review stage? Whether it falls within the scope of patent right not granted in the Patent Law; Whether the obvious lack of technical content cannot constitute a technical solution; Whether it lacks unity; Whether the application documents are complete and the format meets the requirements.
3、 Publication stage
An application for a patent for invention enters the publication stage from the date of issuance of the Notification of Qualified Preliminary Examination. If the applicant does not make a request for early disclosure, it will not enter the public preparation procedure until the expiration of 18 months from the date of application. If the applicant requests early disclosure, the application shall immediately enter into the public preparation procedure.
4、 Substantive review
After the publication of the application for a patent for invention, if the applicant has filed a request for substantive examination and has taken effect, the applicant shall enter into the actual examination procedure. If the applicant has not filed a request for actual examination within three years from the date of application, or the request for actual examination has not taken effect, the application shall be deemed to have been withdrawn.
What is the substantive review stage mainly for? During the actual examination, a comprehensive examination will be conducted on whether the patent application has novelty, inventiveness, practicability and other substantive conditions specified in the Patent Law.
5、 Authorization phase
If no rejection is found after the substantive examination, the Patent Office will issue a notice of authorization and a notice of going through the registration formalities after the examiner has checked and found no error. The applicant shall, within 2 months after receiving the notice, go through the registration procedures and pay the prescribed fees according to the requirements of the notice.