What are the five stages of invention patent application?

 

 

 

01. Acceptance stage

 

 

 

After receiving the patent application, the Patent Office will examine it. If it meets the acceptance conditions, the Patent Office will determine the application date, give the application number, and after verifying the list of documents, issue the acceptance notice to notify the applicant.

 

02. Preliminary review stage

 

Where an accepted patent application pays an application fee in accordance with the relevant provisions, it shall automatically enter the preliminary examination stage. Before the preliminary examination, an application for a patent for invention shall be carefully examined for confidentiality. If confidentiality is required, it shall be handled according to the confidentiality procedures. In the preliminary examination, it is necessary to examine whether the application has obvious shortcomings, mainly including whether the examination content falls within the scope of patent right not granted in the Patent Law, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether there is a lack of unity, whether the application documents are complete and whether the format meets the requirements.

 

03. Publication stage

 

An application for a patent for invention enters the publication stage from the date of issuance of the Notification of Conformity in Preliminary Examination. If the applicant does not make a request for early publication, it will enter the preparation procedure for publication at the expiration of eighteen months from the date of application. If the applicant requires early disclosure, the application shall immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing and typesetting and printing, about three months later, the abstract of the specification and the booklet of the specification will be published in the Patent Gazette. After the application is published, the applicant has the right to temporary protection.

 

04. Substantive review stage

 

After the publication of the application for a patent for invention, if the applicant has filed a request for substantive examination and has taken effect, the applicant shall enter into the substantive examination procedure. If the applicant has not filed a request for substantive examination within three years from the date of application, or the request for substantive examination has not taken effect, the application shall be deemed to have been withdrawn.

 

05. Authorization phase

 

If there is no reason for rejection of an application for a patent for invention after substantive examination, the examiner makes a notice of authorization, applies for authorization registration, reviews the legal effect and integrity of the authorization text, proofreads and modifies the bibliographic items of the patent application, and then the Patent Office issues a notice of authorization and a notice of registration procedures, Where the applicant shall, within two months after receiving the notification, go through the registration formalities in accordance with the requirements of the notification and pay the prescribed fees, and go through the registration formalities on time, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and publish it in the patent gazette two months later. Where the applicant intends to go through the registration formalities in accordance with the provisions, it shall be deemed to have waived the right to obtain the patent right.