1. Form of submission of patent application
The applicant shall submit the patent application in electronic form or in writing.
(1) If an applicant applies for a patent in the form of an electronic file, it shall go through the electronic registration application registration procedure in advance, and submit the application documents and other documents to the Patent Office through the patent electronic application system of the Patent Office.
(2) If the applicant applies for a patent in writing, the application documents and other documents may be submitted to the acceptance office of the Patent Office or sent to the Office of the Patent Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office Acceptance Office). It can also be handed over to the reception counter of the patent office of the local office or sent to the “Office of the Patent Office of the State Intellectual Property Office××× Agency”.
Currently the patent offices are in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi’an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, Shenzhen, Fuzhou, Nanning, and Urumqi. Nanchang, Yinchuan, Hefei, Suzhou, Haikou, Lanzhou, Taiyuan and other cities set up agencies. Information on the Patent Office can be found at http://www.cnipa.gov.cn/zldbc/ .
The National Defense Intellectual Property Office specifically handles defense patent applications.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
2. Which application documents should be submitted for applying for a patent
(1) If an application for an invention patent is filed, the application documents shall include: a request for invention patent, a summary of the specification (a summary drawing should be submitted when necessary), a claim, and a specification (if necessary, the specification should be submitted) Figure).
In the case of an invention patent application involving an amino acid or a nucleotide sequence, the sequence listing shall be included in the specification, and the sequence listing shall be submitted as a separate part of the specification, and the page number shall be separately prepared, and shall also be submitted in accordance with the Patent Office of the State Intellectual Property Office (below) An optical disk or a floppy disk containing the sequence listing specified in the Patent Office.
Where an invention is created by a genetic resource, the applicant shall specify the source of the genetic resource in the request and fill in the registration form of the source of genetic resources to indicate the direct source and original source of the genetic resource. If the applicant cannot explain the original source, the reason should be stated.
(2) If applying for a utility model patent, the application documents shall include: a utility model patent request, an abstract of the specification and its abstract drawing, a claim, a specification, and a drawing of the specification.
Example 1: Example of writing a utility model patent application
(3) If applying for a design patent, the application documents should include: a design patent request, a picture or a photo (a color picture or photo should be submitted for protection of color) and the design A brief description.
Example 1: Example of design application writing Example
2: Example of similar design application writing
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
3. Application form using uniform form The
application document should use a form uniformly developed by the Patent Office. These forms can be downloaded from the website of the National Intellectual Property Office at http://www.cnipa.gov.cn/bgxz/or at the consultation desk of the Patent Office Reception Hall or by letter (letter sent to: National Knowledge) The Office of the First Review and Process Management Department of the Patent Office of the Property Office may also obtain the request from the Agency Office of the Patent Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office). A form can only be used for one patent application.
The quality of the paper for the application documents should be equivalent to the quality of the paper for the copier. There must be no useless words, marks, boxes, lines, etc. on the paper. A4 size (210 mm × 297 mm) paper is used for all documents. The paper for the application documents should be used on one side or in the vertical direction. The text should be arranged from left to right. The left and top sides of the paper should each have a 25 mm blank, and the right and bottom sides should each have a 15 mm blank.
4. How to arrange the application documents when submitting the application The
invention or utility model patent application documents shall be arranged in the following order: request, abstract, abstract drawing, claim, specification (including amino acid or nucleotide sequence table), manual attached Figure.
The design patent application documents shall be arranged in the following order: request, picture or photo, brief description. Each part of the application document should be written in Arabic numerals in the order of pages.
5. Text and writing requirements of the
application documents All parts of the application documents should be in Chinese. If there is no unified Chinese translation for foreign names, place names and scientific and technical terms, the original text should be indicated in parentheses after the Chinese translation. The application documents should be typed or printed in Song, Song, or scorpion. The writing should be black, the height should be between 3.5 and 4.5 mm, and the line spacing should be between 2.5 and 3.5 mm. If there are drawings in the application documents, the lines should be even and clear and must not be altered. Do not use the engineering blueprint as a drawing.
6. Documentary documents
For the processing of patent applications, the relevant documents shall be accompanied by supporting documents. All kinds of supporting documents shall be issued by the relevant competent authorities or signed by the parties. All kinds of supporting documents shall be originals; if the supporting documents are copies, they shall be notarized or confirmed by the competent department that issued the supporting documents with the official seal (except for the original documents confirmed by the Patent Office). The supporting documents provided by the applicant are in foreign languages and should be accompanied by a translation of the Chinese title.
7. Signature or Sealing
Patent application documents or other documents submitted to the Patent Office shall be signed or sealed in accordance with the provisions. An application for which a patent agency has not been entrusted shall be signed or sealed by the applicant (or the patentee), other interested parties or its representative, and the formalities involving the direct right shall be signed or sealed by all the right holders. Where a patent agency is entrusted, it shall be sealed by the patent agency and, if necessary, signed or sealed by the applicant (or patentee), other interested parties or its representative.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
8. Application for the same day The
same applicant shall apply for both the utility model patent and the invention patent for the same invention on the same day.
9. Uniformity requirements for patent application content
An invention or utility model patent application shall be limited to an invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be proposed as one application. A design patent application should be limited to one design. Two or more similar designs of the same product, or two or more designs for products of the same category and sold or used in sets, may be filed as one application.
10. Entrusting Patent Agents
Units or individuals in the Mainland of China may entrust a patent agency established according to law to handle patent application procedures, or they may handle relevant procedures on their own.
If a foreigner, foreign enterprise or other foreign organization that does not have a permanent residence or business office in mainland China applies for a patent in China, or if the first signature applicant and the applicant from the Chinese mainland jointly apply for a patent, they shall entrust a patent agency established according to law. Handle.
If an applicant from Hong Kong, Macao or Taiwan who does not have a permanent residence or business office in the Mainland of China submits a patent application to the Patent Office, or as a first signed applicant and a Chinese mainland applicant jointly applies for a patent, it shall entrust a patent established by law. The agency handles.
The patent agency established according to law is established by the State Intellectual Property Office in accordance with the provisions of the Patent Agency Regulations. The specific information of the specific directory and patent agency can be found online ( http://www.cnipa.gov.cn/zldlgl/ ).
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous and entrustable IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
11. Acceptance for the application
Acceptance of Patent Application After receiving the patent application, the Patent Office Acceptance Office or the Patent Office Agency will determine the application date, the application number, and the acceptance notice. If the conditions for acceptance are not met, a notice of non-acceptance of the documents will be issued.
After receiving the acceptance notice and payment notice, the applicant shall carefully check the information on the notice and if it has any objection to the notice information, it shall promptly file it with the patent office.
If the application documents are sent to the Patent Office Reception Office, the acceptance notice of the Patent Office may generally be received within one month. If the Patent Office has not received the notice of the Patent Office for more than one month, the applicant shall promptly inquire at the Patent Office.
If there is any change in the address of the applicant or the patentee, the project shall be submitted to the Patent Office in time for the change of the project; if the applicant and the patent agency cancel the agency relationship, they shall go through the formalities of change with the Patent Office.
12. Determination of the filing date The
patent application and various documents submitted to the Patent Office in the form of electronic documents shall be the date of submission of the electronic documents by the Patent Electronic Application System of the Patent Office.
The patent application submitted directly to the Patent Office Reception Office or the agency office window shall be the date of receipt of the application; the patent application submitted to the Patent Office Acceptance Office or the agency by postal mail shall be sent by post on the envelope as the filing date. If the postmark sent is unclear and unrecognizable, the date of receipt by the Patent Office or the agency shall be the filing date. The patent application submitted by the courier company to the Patent Office Acceptance Office or the agency office shall be the date of receipt of the application; the patent application submitted by the non-accepting department or individual of the Patent Office by post or post shall not have the confirmed application date on the mailing date or delivery date. The validity of the application will be the date of receipt of the application or the agency’s actual receipt date.
13. Correction of the application date If the
applicant receives the notice of acceptance of the patent application and considers that the date of filing on the notice is inconsistent with the date of mailing the application, it may be within two months from the date of filing the patent application or the applicant. Receive a request for correction of the application date within one month after receiving the notification of acceptance of the patent application, and attach a valid certificate of the date of delivery issued by the post office that sent the patent application document. The registered registration number indicated in the certificate shall be recorded in the request form. The registered numbers are the same. The stub of the registered letter can be used as the above valid proof.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous and entrustable IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
14. Payment time of application fee The
applicant shall pay the application fee within two months from the date of application or within 15 days from the date of receipt of the acceptance notice. To pay the application fee, you must indicate the corresponding application number and the necessary payment information.
15. How to pay the fee
(1) Electronic application users can log in to the electronic application network ( http://cponline.cnipa.gov.cn/ ) and use the online payment method to pay the patent fee.
(2) Pay the patent fee directly to the Patent Office or the Patent Office.
(3) Remittance of patent fees through banks or post offices. When reimbursing a patent fee through a bank or post office, the correct application number (or patent number) and fee name (or abbreviation) should be stated in the postscript column of the remittance slip.
Bank remittance:
Bank of deposit: CITIC Bank Beijing Zhichun Road Branch Account
Name: Patent Office of the State Intellectual Property Office of the People’s Republic of China
Account No.: 7111710182600166032
Post Office Remittance:
Name of Payee: Patent Office of the State Intellectual Property Office
Charger Department Customer Number: 110000860 (Alternative address postal code)
Address Zip: No. 6 West Tucheng Road, Tuen Mun Bridge, Haidian District, Beijing (100088) For
other questions about patent fees or payment fees, please refer to “About Patent Application Fees” ( http://www. Cnipa.gov.cn/zhfwpt/zlsqzn_pt/zlsqdfy/index.htm ) part of the introduction.
16. Secrecy review before applying for a patent to a foreign country
Any unit or individual who submits an invention or utility model completed in China to a foreign country or submits a patent international application to a foreign institution, shall file a request for a patent confidentiality review with the foreign patent office. . Any entity or individual may not apply for a patent in a foreign country for the content of the invention or utility model after a confidentiality review determines that the national security or major interests require confidentiality.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous and entrustable IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
There are three ways to file a confidentiality review request before applying for a patent in a foreign country:
(1) Separately submit a confidentiality review request in the form of a technical proposal. Where a request is made in this way, the applicant shall submit a request for a patent confidentiality review and a technical plan to the foreign country, and submit the document in writing to the acceptance office of the Patent Office or to the Patent Office of the State Intellectual Property Office. Reception desk”.
(2) A request for confidentiality review is filed at the same time as or after the application for a Chinese patent. Where a request is made in this way, the applicant shall submit a request for a patent confidentiality review to a foreign country.
(3) If an international patent application is filed with the Patent Office, it is considered that the confidentiality review request is submitted at the same time, and there is no need to separately submit a request for a patent confidentiality review to a foreign country.
See http://www.cnipa.gov.cn/docs/20180206152953119132.pdf for the Service Guide for Applying for Patent Secrecy Review to Foreign Countries .
17. Precautions for submitting application documents
(1) Applicants for various documents submitted to the Patent Office shall keep the manuscript to ensure the consistency of the documents in the process of application approval, and may be used as a reference for replying to the review opinions.
(2) If the application documents are mailed, a registered letter should be used. If you cannot mail it by registered mail, you can use the express mail to post it, and you must not use the parcel to mail the application documents. In addition to the detailed address (including postal code) of the patent office or the patent office, the registered letter should also be marked with the “application document” and the “receipt of the Patent Office of the State Intellectual Property Office” or “patent of the State Intellectual Property Office”. The words of the Office × × Agency Office. If the application documents are submitted by the courier company, the actual date of receipt of the application office of the Patent Office and the agency of each patent office shall be the filing date. A registered letter should only contain the same application documents. After mailing, the applicant should properly keep the registered receipt stub.
(3) The Patent Office does not accept samples, samples or models when accepting patent applications. In the examination procedure, if the applicant requests the examiner to submit the sample or model, if it is submitted in person at the patent office acceptance window, it shall produce a notice of review opinion; if it is mailed, it shall be marked on the mail: “The examiner ××× ( Name) requires the submission of the model.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous and entrustable IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
18. Introduction
to PCT International Application PATENT COOPERATION TREATY, referred to as PCT. The application filed under the PCT is referred to as the PCT International Application. For more information on the PCT, see http://www.cnipa.gov.cn/ztzl/pctzl/ .
