First, the patent application process
1. Acceptance by the Patent Office. To apply for a patent, the applicant shall first submit a patent application to China National Intellectual Property Administration, submit the necessary application documents when submitting the patent application, and pay the relevant fees in accordance with the regulations. After the applicant submits a patent application, the Patent Office determines the date of the patent application, gives the application number and issues a notice of acceptance.
2. Preliminary review. After accepting the application, the Patent Office will conduct a preliminary examination of the patent application. After passing the preliminary examination, it will be released within 18 months from the date of application.
3. announcement stage?
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 18 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After layout review, editing and proofreading, computer processing, typesetting and printing.
4. Substantive review. If it passes the substantive examination, the Patent Office will grant the patent right for the utility model or design; If it is unqualified, the applicant shall modify the application documents accordingly, grant the patent right to the qualified one, and reject the patent application to the unqualified one.
5. Grant a patent right. The applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can only obtain the patent certificate after going through the registration formalities.
Second, the patent fee standard
1. The standard official fee for applying for an invention patent is 3450 (including the application fee of 950 and the substantive examination fee of 2500), which can be reduced if the company meets the conditions of deferred payment 1070, and 560 if the individual meets the conditions of deferred payment; When authorizing registration, you must also pay 255 pounds and the annual fee for the year of authorization.
2. The standard official fee for an application for a patent for utility model or design is 500, which can be reduced to 150 if it meets the conditions of company fee reduction and exemption, and 75 if it meets the conditions of personal fee reduction and exemption; The annual fee and the year of authorization must be paid at the time of authorization registration. In addition, if the entrusted agent needs additional agency fees.
Extended data
Matters needing attention in patent application
1. If the technology you have can't be the same as the patented technology you applied for earlier, you should search in advance, and you can entrust a legal agency with experienced engineers to search.
2. The technology you have can't be published in the form of a paper in advance. If the patent is not authorized, you can't disclose the technology or participate in the competition in any way to prevent yourself from dissolving the novelty of your patent.
3. After the patent application, it is necessary to monitor the patent in real time to prevent others from infringing the patent application, keep good evidence, carry out retrospective rights protection after the patent authorization, and safeguard their own patent rights. A cooperative institution may entrust an agency to carry out monitoring.
Baidu Encyclopedia-Patent Application
China National Intellectual Property Administration Integrated Service Platform-Patent Application Approval Process