The patent is an abbreviation of the intellectual property right, China’s patent is national examination and approval authority under the Chinese Patent Law, granted the exclusive right to create an invention by the patent applicant within the stipulated time. Submitted a patent application does not mean that you get a patent in China, in violation of state law, public morality or detrimental to public interest invention creation can not apply for a patent, the relevant scientific discoveries, rules and methods of intelligence activities, the diagnosis and treatment of the disease, animal and plant varieties as well as physical obtained by means of nuclear transformation can not get patents.
China’s Patent Application Process
Applicant can submit a patent application by hand, mail and electronics. Among them, hand means applicant submit the application to the patent office window, the admissibility of the window of local patent agency; mail means that the applicant need to post the application information by China Post registered mail or EMS to the Admissibility Department of State Intellectual Property office, the address is Jimen Bridge Western Tucheng Road 6, Haidian District, Beijing, please note that sent to non-admissibility of the department or any individual does not have the force of law; electronic application refers applicants fill in the online Electronic Patent Application System of User Registration Request Form, and sign Electronic Patent Application System of User Registration Agreement, and provide relevant identification.
Generally, applicants for invention and utility model patents need to provide the requested books, brochures, abstract of the specification, drawings, claims book (which requires the scope of patent protection) and other information. The design patent need to provide a letter of request, pictures (not less than 3 * 8cm, nor larger than 15 * 22cm), and a brief description of the design. It should be noted that the patent application file must meet certain formal requirements, such as: A4 paper, using Chinese Simplified Chinese characters, in duplicate data, using standard forms, form-sided without scoring column writing, drawings with black ink and drawing tools to create the same kind of file page number written order.
受理：Accept初审：First instance公告（发明专利）：Announcement (invention patent) 实质审查（发明专利）：Substantive examination (invention patent) 授权：Authorize
Under the premise of Fully comply with the documentation submitted by the applicant, and is accordance with commissioned, mailing, divisional provisions, patent examination and approval department will accept the patent application, and issued to the applicant acceptance notice. Notification of Acceptance records include: filing date, application number, inventions name, the name of the applicant, contact information, list of documents verified by the Patent Office. Among them, the date is different according to the application ways, the dates of handing and electronic application are the received date, the date of mail is the postmark date of sending. The application number is a sign of the patent application which has been officially accepted, including application the reign, category number and application serial number, such as:
申请年号：application the reign, 类别号：category number, 申请流水号：application serial number
According to the patent laws and regulations of China, the domestic units and individuals to apply or domestic units and individuals (as the first signature of the applicant) to apply with foreign countries or Hong Kong, Macao and Taiwan, can not entrust an agency jointly, but the following situations must entrust an agency:
There is no habitual residence or place of business of foreign units and individuals in China, including its joint application as the first signed by the applicant (foreign);
Units or individuals of Hong Kong, Macao and Taiwan, including its joint application of the first signed by the applicant (foreign or ordinary);
Chinese entity or individual inventions completed in China to foreign patent applications (foreign).
Conpak Certified Accountants (http://www.conpak.com.cn) is a professional agency of intellectual property. We are an experienced agency from the Conpak customer feedback situation. We can make professional file write, it will save a lot of time and effort for the applicant. Therefore, it is recommended that applicant is best entrusted to the agency handling patent applications.
It is worth mentioning that the China’s patent authorization is followed the principle of first filed, that is, who apply first can get the patent. Therefore, Conpak remind the applicant to maximize the protection of intellectual achievements and should select appropriate timing of patent applications, avoid others first to apply.