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How To Apply For A National Patent?

2010/10/22 18:51:00 63

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Substantive Examination Of The Patent Office For Invention

Application for invention

Or a patent for utility models, it shall submit a request, an instruction manual, a summary and a claim.

Patent Bureau

The date of receipt of the patent application document is the date of application.

If the application document is mailed, the date of postmark sent is the date of application:

(1) the applicant may, within twelve months from the date of the first patent application of the invention or utility model, or within six months from the date of the first application of the patent for design in a foreign country, and apply for a patent application on the same subject in China, he may have the priority in accordance with the agreement signed between the foreign country and China or the international treaty that he or she is taking part in, or in accordance with the principle of mutual recognition of priority.

Within twelve months from the date when the invention or utility model is first applied for patent application in China, the applicant may also have the priority to apply for a patent application to the patent office on the same subject.

Where the applicant claims the right of priority, he shall make a written declaration at the time of application, and submit a copy of the first patent application document within three months. If he fails to submit a written statement or fails to hold a copy of the patent application document within the time limit, it shall be deemed that he has not claimed the right of priority.

An application for a patent for invention or utility model shall be limited to one invention or utility model.

More than two inventions or utility models belonging to a general inventions can be put forward as an application.

A design patent application shall be limited to a design used for one product.

Two or more designs for the same category and products sold or used in a complete set can be applied as an application.

Within three years from the date of application, the patent office may make a substantive examination of the application according to the request made by the applicant at any time. If the applicant fails to request substantive examination without due reasons, the application shall be deemed to be withdrawn.

When the patent office considers it necessary, it may make substantive examination of the application for invention patent by itself.

Applicant for invention patent

Substantive examination

At that time, reference materials related to invention should be submitted before the date of application.

The invention patent has been filed in foreign countries, and when the applicant requests substantive examination, he shall submit the information or examination result of the country for examination of his application, and if he fails to submit it without proper reasons, the application shall be deemed to be withdrawn.