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China for patent application process and notes

                                                      Date:2003-04-23

For patent application procedures and precautions

First, how to handle patent applications

Patent application shall be submitted for the necessary application documents, as required to pay fees. Patent application must be in paper form or electronic application form for. Oral statement can not be used to provide sample or model or method, instead of paper or electronic application documents.

Variety of procedures should be required to file signature, the signature should be filled with the requested name or title of the book exactly. Signature may not be copied. Procedures for the transfer of rights, all applicants should have a signature, other procedures can be handled by the signature of the applicant's representative, appoint a patent agency, the signature should be handled by the patent agency.

Formalities to be accompanied by supporting documents or attachments, supporting documents and attachments should use the original or a copy of a copy may not be used. If only one of the original, you can use the copy, but need to be accompanied by a copy issued by a notary public consistent with the original proof.

Second, how to arrange the time of filing the application documents 

Invention or utility model patent application documents shall be the following order: request, description summary, abstract drawings, claims, description, specification drawings. Design patent application documents shall be in accordance with a request, images or photographs, a brief description of order. Various parts of the application documents should be numbered separately using Arabic numerals.

Third, the paper requirements for application documents

Quality of the paper application documents shall be equal to the quality copier paper. Not whether the words used in the paper, marks, boxes, lines. Using a variety of documents in A4 size (210 mm × 297 mm) paper.

Paper application documents should be vertical use. Text should be arranged from left to right, the paper should be the top left and left 25 mm blank, right and bottom left 15 mm should be the blank for use in publishing and reviewing. Various parts of the application documents must use the first page of the State Intellectual Property Office to develop a unified form. These forms can be received in the Patent Office, the lobby information desk to ask, you can also request the agency to the various patent offices or directly from the State Intellectual Property Office website.

Fourth, the application documents of text and writing requirements 

Various parts of the application documents shall be used Chinese characters. Foreign names, place names and technical terms such as no unified Chinese translation, Chinese translation should be indicated in parentheses after the original. Attachments provided by the applicant or proven to be a foreign language, should be accompanied by a Chinese translation, application documents (including requests included) should use Times New Roman, italics, or typed or printed in italics, black writing, character height should be 3.5 ~ 4.5 mm between the spacing should be 2.5 to 3.5 mm. Required to submit two copies of the documents, one of which is original, another copy should be used, and to ensure that the contents of two files consistent. There are maps application documents should be drawn with ink and drawing tools, or use graphics software to draw, clear lines should be uniform, may not be altered. Not use blueprint.

Fifth, the contents of patent applications, the requirement of unity

A new patent for invention or utility model application shall be limited to one invention or utility model. Belongs to a general inventive concept of two or more inventions or utility models, as one application. A design patent applications should be limited to one design. The same product two or more similar designs, or for the same category and sold or used in sets of two or more product designs, as one application.

Sixth, the complete application documents and writing

Fill in the application documents and writing have specific requirements, the applicant can fill out on their own or write, you can also apply on behalf of patent agency.

Seven patent applications accepted

Patent Office or the Patent Office at the agency received the patent application, to meet the conditions of admissibility of the application, will determine the filing date, application number given to issue the notification of acceptance. The applicant personally Patent Office or the Patent Office at the agency's application file, if the number 10 below, was whether the application meets the conditions of admissibility for the review, in line with the conditions of admissibility of the notice of acceptance made on the spot.

Eight, received notice

Sent to the Patent Office accepted the application documents, usually in about a month to receive State Intellectual Property Office (hereinafter referred to as the Patent Office) a notice of acceptance, does not meet the conditions for acceptance, will receive notice and will not be accepted copies of application documents be returned. Patent Office has not received more than one month notice, the applicant shall in a timely manner to the Patent Office at the inquiry, and found that application or notice in the mail may be lost.

Nine, to submit application documents note

Patent to the Patent Office or other formalities, and you can apply to files or other documents personally or sent to the Patent Office could also be applied to the application documents in person or sent to any patent agency. In the submission should pay attention to the following:

(1) submit application documents to the Patent Office or the formalities of the documents, the State Intellectual Property Office should be used to develop a unified form. To the State Intellectual Property Office can be obtained from the hall or in a letter obtained (Letter sent to: State Intellectual Property Office Ministry of First Instance issued a document and process management office).

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

(3) Any document submitted to the Patent Office, the applicant should be retained papers, application approval process to ensure complete consistency in the file, and review comments as a reply when the reference.

(4) The application documents are mailed, it shall be by registered letter. Can not be mailed by registered mail, you can use express mail, parcel post may not be used to apply the file. Registered letter stated in addition to the Patent Office or the Patent Office on the agency's full address (including zip code), should also be marked "Application Files" and "State Intellectual Property Office received at the close" or "State Intellectual Property Office patents × × Agency Board received "message. Application documents submitted by courier to the Patent Office and the Patent Office impose agency actually received the date of filing. A registered letter should only be installed with an application file. Mailing, the applicant shall take good care of registration receipt stub.

(5) the processing of patent applications in the Patent Office does not receive the sample, the sample or model. In the review process, the applicant should be required to submit samples or models examiner, if submitted in person at the Patent Office window, it should be a notice to produce review comments; mail should be on the mail states that "should the inspector × × × ( name) required by the model "message.

(6) the address of the applicant or patentee to change, should be promptly recorded to the Patent Office of Project Change; applicant to lift the agency relationship with the patent office, patent offices should process the change.

(7) the same applicant on the same day both on the same application for invention patent and utility model patent application, it shall be, respectively, in the application instructions. Not spelled out, the Patent Act does not apply Article 9, paragraph on the same applicant on the same day both on the same invention patent and utility model applications for invention patent application requirement that can not cause its patent license.

(8) any units or individuals in China, an invention or utility model, ready to apply directly to the foreign patent, it shall advance to the State Intellectual Property Office made confidential request for review, and details of their technology programs; knowledge to the state if the first Property Patent Office patent, then prepared to related foreign patents or foreign institutions to submit an international patent application shall apply to the foreign patent or to the relevant international patent applications submitted by foreign institutions before the security review request, also at the national Intellectual Property Office's patent-pending security review also made a request. Submitted to the State Intellectual Property Office international patent applications, as also proposed a confidential request for review.


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