How to apply for an invention patent

1. Prepare the application documents, including the request, the abstract of the specification, the claim, the specification and the attached drawings of the specification.

2. Submit the materials directly to the lobby of the Patent Office or the local patent agency window or mail them. Submission method: submit the patent application electronically or in writing.

(1) To apply for a patent in the form of an electronic document, an electronic applicant shall be registered in advance, and the application documents and other documents shall be submitted to the Patent Office through the Patent Electronic Application System of the Patent Office.

(2) To apply for a patent in written form, you can hand in the application documents and other documents to the reception window of the Patent Office in person or send them to the reception office of the China National Intellectual Property Administration Patent Office (hereinafter referred to as the reception office of the Patent Office), or hand them in person to the reception window of the local patent office agency or send them to the agency of the China National Intellectual Property Administration Patent Office.

At present, the Patent Office has set up representative offices in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi 'an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, Shenzhen, Fuzhou, Nanning, Urumqi, Nanchang, Yinchuan, Hefei, Suzhou, Haikou, Lanzhou and Taiyuan.

The national defense intellectual property office specializes in accepting national defense patent applications.

Accept and pay the application fee

After receiving the application documents, the Patent Office will issue a notice of patent acceptance and a notice of application fee payment. After receiving the notice, the applicant shall pay the application fee according to the requirements of the notice.

Payment method: the payer can pay the patent fee directly to the Patent Office or its agency.

The preliminary review was announced and entered the actual review.

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.

3. The State Patent Office issued a notice of acceptance and formally entered the examination and approval procedure.

4. Pay the application fee, in addition to paying directly at the toll office and agency of the Patent Office, you can also pay the application fee by remittance from the bank or post office.

5. The Patent Office conducts a formal examination of the application for a patent for invention, and enters the substantive examination after passing the preliminary examination. A patent may be granted if the substantive examination considers that it meets the conditions for granting a patent. Do not meet the requirements, revised and resubmitted for review.

6. After substantive examination, the patent conforms to the practicality, novelty and creativity of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee and certificate fee are paid in accordance with the regulations to obtain the invention patent certificate; Authorized invention patents will be published.

7. Where a prior application for a patent for invention is claimed, the relevant information of the prior application shall be provided.

Apply for a patent in this department

China National Intellectual Property Administration manages patent work, accepts and examines patent applications in a unified manner, and grants patent rights according to law.

Invention patent application process:

Write the application documents-submit-accept and pay the application fee-publish the preliminary examination and enter the actual examination-issue the notice of examination opinions and the applicant's reply-authorize-pay the annual fee and issue the power of attorney.

Technical materials to be provided when applying for a patent for invention.

1. Claim: The description of the claimed invention refers to the substantive technical features of the invention.

2. Description: Summarize the invention;

3. Description: Description of the technical field to which the present invention belongs; Explain the background related to the invention; Explain the purpose of the present invention; The technical scheme of the invention is explained in detail; Explain the effect and advantages of this technical scheme; Relevant experiments and data prove its effect and advantages. Specifically:

For inventions involving the field of machinery, the structural schematic diagram of the product patent shall be provided, indicating the structure and shape characteristics of the product, the names of each part, the connection relationship and the working principle.

For inventions involving the field of electricity, the names of components and the electrical relationship between components shall be provided.

For inventions involving the chemical field, the names, preparation methods and technological conditions of specific chemical substances shall be provided.

For inventions involving chemical equipment systems, connections between various equipment shall be provided.

legal ground

patent law of the people's republic of china

Article 26

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.

The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.

The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.

The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.

For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.