How to apply for individual patent

The process of applying for individual patent:

1. First, the individual patent applicant submits an application;

2. Secondly, the patent administrative department of the State Council will conduct a preliminary examination, and those who meet the application conditions will be announced immediately. The publication period is eighteen months from the date of application;

Finally, if an application for a patent for invention passes the substantive examination within three years from the date of application, a patent certificate will be issued.

legal ground

According to Article 26 of the Patent Law which came into effect on June 20021.

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.

Article 34

After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 35

Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

Article 39

If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.