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Submission And Acceptance Of Patent Applications

2009/1/6 16:30:00 41913

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1.專利申請的受理機關

The patent law stipulates that the Patent Office of the People's Republic of China (now renamed the State Intellectual Property Office, the same below) accepts and examines patent applications and grants patent rights to the invention creation conforming to the law.

The State Intellectual Property Office is the competent department of patent administration in China, and the only one that accepts the patent application according to law.

When applying for a patent, the applicant shall submit the application document directly to the Intellectual Property Office (hereinafter referred to as the Patent Office).

If the applicant fails to submit the application document to other organs, units or individuals, it will not produce legal effect in the patent examination and approval procedures.

The patent office has set up a patent acceptance office and a patent application window, and has set up a patent office in Shenyang, Ji'nan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi'an and Wuhan to receive and receive patent applications and other documents.

The address and business scope of the China Patent Office's admissions office and the above agency shall be issued by the Chinese patent office to the public in the form of a notice.

2.申請文件的提交

To apply for patent or other formalities to the patent office, the application documents or other documents can be directly submitted to the application processing window of the patent office or any of the above agency offices, or to the reception office of the patent office or the above agency.

The following items should be noted in the submission of documents:

(1) the documents submitted to the patent office or the documents for various formalities should be used in the form uniformly formulated by the patent office, and each document should be in two copies.

(2) a form can only be used for one patent application.

For example, an invention patent request can only fill in an invention, and a statement of opinion can only express its opinion on a patent application.

It is not possible to fill in a statement of opinion or a request for invention patent with several representations or inventions of the application.

(3) all documents submitted to the patent office should keep the manuscript, so as to ensure the consistency of the documents in the process of examination and approval.

(4) application documents are sent by mail, and registered letters should be used.

If you cannot mail it by registered mail, you can send it by express mail, not by parcel post.

In addition to the detailed address (including postal code) of the patent office or the agent office, the registration letter should also be marked with the "application document" and "the receipt of the patent office's acceptance office" or "the Patent Office x office".

A registered letter should contain only one application document or other document.

When mail is sent, the applicant should ask the post office staff to clear the date of the postmark and keep the registered receipt of the registered letter properly.

(5) the patent office does not accept samples, samples or models when accepting patent applications.

In the process of examination, the applicant should, when asked by the examiner to submit a sample or model, submit a notice of examination if he submitted it to the Council at the window of the patent office. He should write in his mail the words "should be inspector * * (name) required to submit the model".

(6) when a foreigner or a foreign entity has no permanent residence or business place in China, and a Chinese who has lived or worked abroad for a long time, he should entrust a patent agency designated by the State Council to the foreign patent agency.

The applicant shall not directly mail or submit application documents to the patent office.

The units or compatriots in Hong Kong, Macao and Taiwan should apply for patent in accordance with the stipulations, and they should also entrust foreign patent agencies or domestic patent agencies in accordance with the stipulations, and shall not directly mail or submit them to the patent office.

3.專利申請的受理和受理條件

After the patent application is submitted to the reception office or the agent office of the patent office, the examination should be carried out first.

For the application that meets the requirements for acceptance, the patent office will confirm the application date, give the application number, and issue a notice of acceptance after verification of the list of documents, notify the applicant and confirm the receipt of the application document.

專利申請有下列情況之一的，專利局不予受理，并通知申請人，同時退還申請文件。

(1) the patent application is not submitted in the form of a situation, or is not acceptable in Chinese.

For example, a patent application is inadmissible with a model, a sample, a video tape, a disk or a telephone, and an unplated application document is also inadmissible.

(2) application documents (including requests) are not typed, printed, or handwritten, or altered; the drawings or designs are not plotted with drawing tools or black ink, or blurred (Design Photos) or altered.

For example, drawings and pictures that are drawn with pencils are not acceptable.

(3) the basic application documents are not complete, such as the lack of application for invention or utility model patent application, the description (the application of the utility model is missing from the drawings), or the absence of any one in the claim.

For example, the application for utility model patent only submitted the request, specifications and claims, and it was not accepted without submission of the attached drawings.

However, if the conditions are examined, only a few parts of the patent application are examined, and the completeness of the documents in each part is not examined.

For example, the instructions should have 1 5 pages, the applicant has submitted only 1~3 pages and 5 pages, and can still be accepted at the time of acceptance. The admissibility office only specifies the 4 page of the written instructions on the list of documents.

Such defects are often irremediable, so the applicant must carefully check the application documents submitted.

(4) the name or address of the applicant is missing and the address is unknown.

For example, the request is in a non-standard format, with only the name of the invention, the name of the inventor, and the name and address of the applicant.

(5) the categories of patent applications (inventions, utility models or designs) are not clear or undetermined and can not be accepted.

For example, the applicant has submitted a request for the design, but has not submitted any pictures or photographs, but has submitted the instructions and drawings. Since the application for the design is not required to submit the instructions, it is impossible to determine what patents the applicant will apply for at the time of examination, and what kind of patent application requirements should be accepted for examination, so it can only be rejected.

(6) an application submitted to our country will not be accepted by any national or unit belonging to a country which has neither an agreement or treaty relationship nor a patent reciprocity; or a foreigner or foreign entity without regular habitation or business place in China, and units and compatriots in Hong Kong, Macao and Taiwan do not comply with the application procedures.

For example, a Chinese resident in Hongkong sends directly the patent application document to the Patent Office of China, which is not acceptable.

Some defects in the application documents will not affect the acceptance.

For example: (1) the application documents are not typed or printed in white paper as required by the patent office; secondly, the name of the inventor and the name of the inventor are omitted; third, there is no signature in the request, or the signature does not produce legal effect, such as the signature by the patent agency, but the patent attorney is not submitted at the same time; besides, the list of other application documents except for the request, if only one submission is submitted (application documents must be submitted two copies, one of which is a list of documents, if only one submission is submitted, the applicant will not get the list of documents).

The above defects can be corrected at the review stage, but the applicant should avoid these defects as much as possible, because correction often delays the review process.

Defects that can be resolved in a few minutes before application can often delay the review process by several months.

For the application document submitted by the applicant to the reception office or the agent office of the patent office, the reception office or the agent office at that time handled the application in compliance with the acceptance conditions, and accepted the procedures on the spot if the conditions of acceptance were met; the patent office did not return the application documents to the applicant and explained the reasons for not accepting it on the spot.

If the application document is sent to the patent office, it shall receive the notification of acceptance of the patent office or the notification of the application and the application document returned within a month.

If the notice has not been received for more than one month, the applicant shall promptly inquire with the reception office of the patent office, so as to avoid the loss of the application documents or notices in the mail.

4.申請日的確定和申請號的給予

There are two important legal procedures in the admissibility procedure: one is deciding whether the application can be processed; the two is determining the application date of the accepted application and giving the application number.

(1) determination of application date

The date of application has very important legal significance: (1) it determines the time of submitting the application; in accordance with the principle of first application, when the application has the same content, the application successively determines who will grant the patent right; secondly, it determines the starting point for the retrieval of the existing technology, which is of great importance to the patent application in the examination; third, the application date is the starting point for a series of related time limits in the review procedure.

In accordance with the patent law, the applicant submitted the application documents directly to the reception office or the agent office of the patent office. After examination on the spot, if the applicant meets the conditions of acceptance, the date of submission will be determined as the date of application.

If the application documents mailed by the applicant comply with the conditions of acceptance, the date of sending the mail is the date of application.

If the date of the postmark is not clear, the date of mailing to the patent office is the date of application.

The postmark of the mail is not clear. The date of receipt of the patent office is the date of application.

(2) change of application date

After the date of application is confirmed, it can not be changed at will.