1. Filling and writing of patent application documents

There are specific requirements for the filling and writing of patent application documents. Applicants can fill in or write by themselves, or they can entrust a patent agency to handle them on their behalf. Although it is not mandatory to appoint a patent agent, considering the importance of well-written patent application documents and the legal rigor of the examination and approval process, it is worth recommending for inexperienced applicants.

2. Acceptance of patent application

After receiving the patent application, the acceptance office of the Patent Office or the representative offices of each patent office will determine the application date, give the application number, and issue a notification of acceptance for the applications that meet the acceptance conditions.

3. How to pay the application fee

The application fee and other fees can be paid directly to the patent office or the representative office of the patent office in person, or paid by bank or post office, or the registered user of the electronic application can log in the China Patent Electronic Application Network and use the online payment system to pay the patent fee. Banks use electronic transfer, and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the remittance slip, and the name of the fee to be paid shall be abbreviated. The remitter shall require the bank or post office staff to enter the above payment information in the remittance postscript. If the remittance is made through the post office, the post office staff shall also be required to enter the complete mailing address, including the zip code. These information will be important in subsequent procedures. effect. Fees shall not be sent to the Reception Office of the Patent Office or other departments of the Patent Office or individual examiners.

4. When to pay the application fee

If the patent application documents are submitted in person, the application fee may be paid after obtaining the notification of acceptance and payment of the application fee. If the application is submitted by mail, the application fee should be paid after receiving the notification of acceptance and payment of the application fee, because the corresponding application number must be indicated for payment of the application fee, but the date of payment of the application fee should not exceed the date of the application two months from the date.

5. Patent approval process

According to the Patent Law, the examination and approval procedure of an invention patent application includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Application for a utility model or design patent is not subject to publication and substantive examination during the examination and approval process, and only has three stages: acceptance, preliminary examination and authorization.

6. Active revision and correction of patent application documents

The voluntary revision and correction of patent application documents is also a procedure that the applicant can choose as needed. For utility model and design patent applications, active amendments are only allowed within two months from the filing date; invention patent applications are only allowed when a substantive examination request is made and after receiving the notice of entry into the substantive examination stage of the invention patent application issued by the Patent Office. Actively amend the patent application documents within three months from the date of filing.

7. Reply to various notices from the Patent Office

(1) Comply with the reply deadline, and the consequences of late reply and non-reply are the same. For the problems pointed out in the notice of examination opinions, answer them one by one by category. The reply may be supplemented or corrected according to the examination opinion or the application may be revised; if the examiner disagrees with the opinion, the opinion and reasons shall be stated.

(2) Defects in form or procedures can generally be eliminated through corrections; obvious substantive defects are generally difficult to eliminate through corrections or revisions, and in most cases, only defenses and statements can be made on whether there are or are obvious substantive defects.

(3) The supplement, correction or modification to the patent application for invention or utility model shall not exceed the scope of the original description and claims, and the modification to the patent application for design shall not exceed the scope of the original picture or photo. Amendments should submit replacement pages in the prescribed format.

(4) The reply shall be submitted in the prescribed format. Such as submitting a correction or a statement of opinion. In general, the correction form is used for formal problems or formalities, and the opinion statement is used for the revision of the substance of the application.

8. The patent application is deemed withdrawn and its reinstatement

If the prescribed procedures are not completed within the time limit, the application will be deemed withdrawn, and the Patent Office will issue a notice of withdrawal. If the applicant has justifiable reasons, he may, within two months from the date of receipt of the notice of deemed withdrawal, apply to the Patent Office for restoration of the rights and explain the reasons. Those requesting restoration of rights shall submit a "Request for Restoration of Rights", stating the legitimate reasons for delaying the time limit, paying restoration fees, and completing various unfinished formalities. The re-application procedures and re-payment of fees should generally be completed within the above two months.

9. Handle patent registration procedures

After preliminary examination of utility model and design patent applications, and substantive examination of invention patent applications, if no reason for rejection is found, the Patent Office will issue a notification of authorization and registration procedures. After receiving the authorization notice and the registration formalities notice, the applicant shall go through the registration formalities and pay the prescribed fees within two months according to the requirements of the notice. If the registration procedures are completed and the prescribed fees are paid within the time limit, the Patent Office will grant the patent right, issue a patent certificate, record it in the Patent Register, and announce it in the Patent Gazette. The patent right will become effective from the date of announcement. Failure to complete the registration formalities within the prescribed time limit shall be deemed to have waived the right to obtain the patent right.

10. Fees to be paid for registration procedures

When going through the registration procedures, there is no need to submit any more documents. The applicant only needs to pay the patent registration fee, announcement printing fee, annual fee for the year of authorization, and stamp duty as required.

11. Maintenance of patent rights

After the patent application is granted the patent right, the patentee shall pay the annual fee for the next year in advance one month before the expiration of each year. If the payment is not made or the payment is not fully paid, the Patent Office will issue a payment notice, informing the patentee to make up the payment within six months from the date when the annual fee should be paid, and pay a late fee at the same time. The amount of the late payment fee shall be calculated by adding 5% of the full annual fee for the year for every month exceeding the prescribed payment time; if the payment is not made or the payment amount is insufficient, the patent right shall be terminated from the date when the annual fee should be paid.

12. Termination of patent rights

The termination of patent rights can be divided into:

(1) Termination upon expiration of the term: The patent right for invention shall be maintained for 20 years from the date of application, and the patent right for utility model or design shall be maintained for 10 years from the date of application, and shall be terminated in accordance with the law;

(2) Termination of non-payment of fees: The Patent Office issues a payment notice to notify the applicant to pay the annual fee and late fee, but the applicant has not paid or fully paid the annual fee and late fee, the patent right will be terminated from the date of expiration of the previous year. ;

(3) Termination due to the abandonment of the patent right by the patentee: After the patent right is granted, the patentee can voluntarily request the abandonment of the patent right at any time by submitting a declaration of abandonment of the patent right. The date of publication is the effective date, and the waived patent right will be terminated from that date.

13. Invalidation of the patent right

From the date of grant of a patent application, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law, it may request to declare the patent right invalid. Where a request for invalidation or partial invalidation of a patent right is requested, the fee shall be paid in accordance with the regulations, and a written request for invalidation shall be submitted, indicating the patent name and patent number for which the invalidation is requested, the facts and reasons on which it is based, and the necessary evidence shall be attached. If any party disagrees with the decision made on the patent invalidation request, it may file a lawsuit with the people's court within three months from the date of receipt of the notification. The Patent Office registers and publishes the decision after it takes legal effect. A patent right declared invalid is deemed to have not existed from the beginning.