Current Position: Home > Patent > Application process of invention patent

1. The applicant provides original technical data and personal (unit) information;

The application documents for a patent for invention shall include:

(1) Patent request for invention

(2) Description (if there are attached drawings in the description, the attached drawings shall be submitted)

(3) Claims

(4) Abstract (the attached drawings shall be provided if necessary)

(5) Letter of attorney for patent agency

(6) If applying for fee mitigation, a request for fee mitigation and corresponding supporting documents shall be submitted. (only applicable to individual applicants and non-profit organizations in mainland China)

(7) If priority is required, please provide a certified copy of the priority document and the relevant information of the prior application

2. For entrusting a patent agency, sign an agency agreement and write a patent application document that meets the requirements of the patent law; if necessary, it may pay in advance for patent search.

3. Submit the patent application document to the State Patent Office and obtain the patent application number;

4. After entering the preliminary examination and passing the examination, it shall be legally announced in the 18th month from the date of application, and the invention patent application will be disclosed on the patent bulletin and website; according to the requirements of the applicant, it can also be required to be disclosed in advance at any time within 15 months from the date of application;

5. Entering the substantive examination stage: the applicant may file a substantive examination to the patent office at any time within three years from the date of application, or file a substantive examination after the patent application has been made public;

6. After substantive examination, the patent conforms to the practicability, novelty and creativity of the invention, so the patent right is granted. The patent certificate can be obtained by paying the patent application maintenance fee, annual fee of the year, announcement fee and certificate fee according to the regulations.

Application and examination flow chart of invention, utility model and design patent

图片1.png

Notes on patent application

To apply for a patent, necessary application documents shall be submitted and fees shall be paid in accordance with the provisions. A patent application must be made in writing or in the form of an electronic application. It is not allowed to replace or omit the written application by oral explanation or providing samples or models. In the process of patent examination and approval, only written documents have legal effect. All procedures shall be signed and sealed in accordance with the provisions, and the signature and seal shall be identical with the name or name filled in the request. The signature and seal shall not be copied.

The procedures involving the transfer of rights shall be signed and sealed by all the applicants. Other procedures can be signed and sealed by the representatives of the applicants. If a patent agency is entrusted, the procedures shall be signed and sealed by the patent agency. If the certification files or attachments are required to be attached to the procedures, the original or duplicate copies shall be used for the supporting documents and attachments, and the copies shall not be used. A copy can be used if there is only one original, but at the same time, a certificate issued by a notary organ to prove that the photocopy is consistent with the original one shall be attached.


Free Consultation

Phone:+852-2770 1088 Wechat:HKIPX001 Email:info@hkipx.com

Trademark registration

Design registration

Patent application

Copyright registration

One on one service for appointment experts

1