The applicant shall submit the patent application in electronic form or in writing.
(1) If an applicant applies for a
patent in the form of an electronic file, it shall go through the electronic
registration application registration procedure in advance, and submit the
application documents and other documents to the Patent Office through the
patent electronic application system of the Patent Office.
(2) If the applicant applies for a patent in writing, the application
documents and other documents may be submitted to the acceptance office of the
Patent Office or sent to the Office of the Patent Office of the State
Intellectual Property Office (hereinafter referred to as the Patent Office
Acceptance Office). It can also be handed over to the reception counter of the
patent office of the local office or sent to the [Office of the Patent Office
of the State Intellectual Property Office××× Agency".
Information on the Patent Office can be found at
http://www.cnipa.gov.cn/zldbc/.
The National Defense Intellectual Property Office specifically handles
defense patent applications.
2. Which application documents should be submitted for patent
application?
(1) Where an application for an invention patent is filed, the
application documents shall include: a request for invention patent, a summary
of the specification (a summary drawing shall be submitted when necessary), a
claim, and a specification (a drawing of the specification shall be submitted
if necessary).
In the case of an invention patent application involving an amino acid or
a nucleotide sequence, the sequence listing shall be included in the
specification, and the sequence listing shall be submitted as a separate part
of the specification, and the page number shall be separately prepared, and
shall also be submitted in accordance with the Patent Office of the State
Intellectual Property Office (below) An optical disk or a floppy disk
containing the sequence listing specified in the Patent Office.
Where an invention is created by a genetic resource, the applicant shall
specify the source of the genetic resource in the request and fill in the
registration form of the source of genetic resources to indicate the direct
source and original source of the genetic resource. If the applicant cannot
explain the original source, the reason should be stated.
(2) If applying for a utility model patent, the application documents
shall include: a utility model patent request, an abstract of the specification
and its abstract drawing, a claim, a specification, and a drawing of the
specification.
Example 1: Example of writing a utility model patent application
(3) Where an application for a design patent is filed, the application
documents shall include: a design patent request, a picture or a photo (a color
picture or photo shall be submitted for protection of color) and a brief
description of the design.
Example 1: Example of design application writing
Example 2: Example of similar design application writing
3. Application documents use a unified form
The application documents should use a form uniformly developed by the
Patent Office. These forms can be downloaded from the website of the National
Intellectual Property Office at http://www.cnipa.gov.cn/bgxz/ or at the
consultation desk of the Patent Office Reception Hall or by letter (letter sent
to: National Knowledge) The Office of the First Review and Process Management
Department of the Patent Office of the Property Office may also obtain the
request from the Agency Office of the Patent Office of the State Intellectual
Property Office (hereinafter referred to as the Patent Office). A form can only
be used for one patent application.
The quality of the paper for the application documents should be equivalent to
the quality of the paper for the copier. There must be no useless words, marks,
frames, lines, etc. on the paper. A4 size (210 mm × 297 mm) paper is used for
all documents. The paper for the application documents should be used on one
side or in the vertical direction. The text should be arranged from left to
right. The left and top sides of the paper should each have a 25 mm blank, and
the right and bottom sides should each have a 15 mm blank.
4. How to arrange application documents when submitting an application
The invention or utility model patent application documents shall be
arranged in the following order: request, summary of the specification,
abstract drawing, claim, specification (including amino acid or nucleotide
sequence listing), and drawings of the specification.
The design patent application documents shall be arranged in the following
order: request, picture or photo, brief description. Each part of the
application document should be written in Arabic numerals in the order of
pages.
5. Text and writing requirements of the application documents
All parts of the application documents will be in Chinese. If there is no
unified Chinese translation for foreign names, place names and scientific and
technical terms, the original text should be indicated in parentheses after the
Chinese translation. The application documents should be typed or printed in
Song, Song, or scorpion. The writing should be black, the height should be
between 3.5 and 4.5 mm, and the line spacing should be between 2.5 and 3.5 mm.
If there are drawings in the application documents, the lines should be even
and clear and must not be altered. Do not use the engineering blueprint as a
drawing.
6. Certification documents
Where the relevant procedures for handling a patent application are
accompanied by supporting documents, the various supporting documents shall be
issued by the relevant competent department or signed by the parties. All kinds
of supporting documents shall be originals; if the supporting documents are
copies, they shall be notarized or confirmed by the competent department that
issued the supporting documents with the official seal (except for the original
documents confirmed by the Patent Office). The supporting documents provided by
the applicant are in foreign languages and should be accompanied by a
translation of the Chinese title.
7. Signature or stamp
Patent application documents or other documents submitted to the Patent
Office shall be signed or sealed in accordance with the provisions. An
application for which a patent agency has not been entrusted shall be signed or
sealed by the applicant (or the patentee), other interested parties or its
representative, and the formalities involving the direct right shall be signed
or sealed by all the right holders. Where a patent agency is entrusted, it
shall be sealed by the patent agency and, if necessary, signed or sealed by the
applicant (or patentee), other interested parties or its representative.
8. Application note on the same day
If the same applicant applies for both the utility model patent and the
invention patent for the same invention on the same day, it shall be separately
stated at the time of application.
9. Uniformity requirements for patent application content
An invention or utility model patent application shall be limited to an
invention or utility model. Two or more inventions or utility models belonging
to one general inventive concept can be proposed as one application. A design
patent application should be limited to one design. Two or more similar designs
of the same product, or two or more designs for products of the same category
and sold or used in sets, may be filed as one application.
10. Entrust a patent agency
Units or individuals in the Mainland of China may entrust a patent agency
established according to law to handle patent application procedures, or they
may go through relevant formalities on their own.
If a foreigner, foreign enterprise or other foreign organization that
does not have a permanent residence or business office in mainland China
applies for a patent in China, or if the first signature applicant and the
applicant from the Chinese mainland jointly apply for a patent, they shall
entrust a patent agency established according to law. Handle.
If an applicant from Hong Kong, Macao or Taiwan who does not have a
permanent residence or business office in the Mainland of China submits a
patent application to the Patent Office, or as a first signed applicant and a
Chinese mainland applicant jointly applies for a patent, it shall entrust a
patent established by law. The agency handles.
The patent agency established according to law is established by the
State Intellectual Property Office in accordance with the provisions of the
Patent Agency Regulations. The specific information of the specific directory
and patent agencies can be viewed online (http://www.cnipa.gov.cn/zldlgl/ ).
11. Acceptance of patent applications
After receiving the patent application from the Patent Office Acceptance
Office or the Patent Office Agency, the application date will be determined,
the application number will be given, and the acceptance notice will be issued.
If the conditions for acceptance are not met, a notice of non-acceptance of the
documents will be issued.
After receiving the acceptance notice and payment notice, the applicant
shall carefully check the information on the notice and if it has any objection
to the notice information, it shall promptly submit it to the patent office.
If the application documents are sent to the Patent Office Reception
Office, the acceptance notice of the Patent Office may generally be received
within one month. If the Patent Office has not received the notice of the
Patent Office for more than one month, the applicant shall promptly inquire at
the Patent Office.
If there is any change in the address of the applicant or the patentee,
the project shall be submitted to the Patent Office in time for the change of
the project; if the applicant and the patent agency cancel the agency
relationship, they shall go through the formalities of change with the Patent
Office.
12. Determination of the application date
The patent application and various documents submitted to the Patent
Office in the form of electronic documents shall be the date of submission of
the electronic documents by the patent electronic application system of the
Patent Office.
The patent application submitted directly to the Patent Office Reception Office
or the agency office window shall be the date of receipt of the application;
the patent application submitted to the Patent Office Acceptance Office or the
agency by postal mail shall be sent by post on the envelope as the filing date.
If the postmark sent is unclear and unrecognizable, the date of receipt by the
Patent Office or the agency shall be the filing date. The patent application
submitted by the courier company to the Patent Office Acceptance Office or the
agency office shall be the date of receipt of the application; the patent
application submitted by the non-accepting department or individual of the
Patent Office by post or post shall not have the confirmed application date on
the mailing date or delivery date. The validity of the application will be the
date of receipt of the application or the agency`s actual receipt date.
13. Correction of the application date
After the applicant receives the notification of acceptance of the patent
application and considers that the filing date stated on the notification is
inconsistent with the date of mailing the application document, the applicant
may receive the patent application acceptance notice within two months from the
date of filing the patent application document. The book shall file a request
for correction on the filing date within one month, and shall issue a valid
certificate of the date of issue issued by the post office that sends the
patent application document. The registered registration number indicated in
the certificate shall be the same as the registration number recorded in the
request. The stub of the registered letter can be used as the above valid
proof.
14. Payment time of application fee
The applicant shall pay the application fee within two months from the
date of application or within 15 days from the date of receipt of the
acceptance notice. To pay the application fee, you must indicate the
corresponding application number and the necessary payment information.
15. How to pay the fee
(1) Electronic application users can log in to the electronic application
network (http://cponline.cnipa.gov.cn/) and use the online payment method to
pay the patent fee.
(2) Pay the patent fee directly to the Patent Office or the Patent Office.
(3) Remittance of patent fees through banks or post offices. When
reimbursing a patent fee through a bank or post office, the correct application
number (or patent number) and fee name (or abbreviation) should be stated in
the postscript column of the remittance slip.
Bank remittance:
Bank of deposit: CITIC Bank Beijing Zhichun Road Branch
Account Name: Patent Office of the State Intellectual Property Office of
the People's Republic
Account number: 7111710182600166032
Post Office Remittance:
Payee Name: Patent Office of the State Intellectual Property Office
Merchant customer number: 110000860 (can replace address zip code)
Address Zip: No. 6 West Tucheng Road, Tuen Mun Bridge, Haidian District,
Beijing (100088)
For additional questions regarding patent fees or fees, please see the
section on [Fees for Patent Applications"
(http://www.cnipa.gov.cn/zhfwpt/zlsqzn_pt/zlsqdfy/index.htm).
16. Confidentiality review before applying for a patent from a foreign
country
Any unit or individual who submits an invention or utility model
completed in China to a foreign country or submits a patent international
application to a foreign institution shall file a request for a patent
confidentiality review with the patent office. Any entity or individual may not
apply for a patent in a foreign country for the content of the invention or
utility model after a confidentiality review determines that the national
security or major interests require confidentiality.
There are three ways to file a confidentiality review request before
applying for a patent in a foreign country:
(1) Separately submit a confidentiality review request in the form of a
technical proposal. Where a request is made in this way, the applicant shall
submit a request for a patent confidentiality review and a technical proposal
to the foreign country, and submit the document in writing to the acceptance
office of the Patent Office or to the Patent Office of the State Intellectual
Property Office. Reception desk".
(2) A request for confidentiality review is filed at the same time as or
after the application for a Chinese patent. Where a request is made in this
way, the applicant shall submit a request for a patent confidentiality review
to a foreign country.
(3) If an international patent application is filed with the Patent
Office, it shall be deemed that the confidentiality review request is submitted
at the same time, and it is not necessary to separately submit a request for a
patent confidentiality review to a foreign country.
See the Service Guide for Applying for Patent Secrecy Review to Foreign
Countries.
17. Precautions for submitting application documents
(1) Applicants for various documents submitted to the Patent Office shall keep
the manuscript to ensure the consistency of the documents in the process of
application approval, and may be used as a reference for replying to the review
opinions.
(2) If the application documents are mailed, a registered letter should
be used. If you cannot mail it by registered mail, you can use the express mail
to post it, and you must not use the parcel to mail the application documents.
In addition to the detailed address (including postal code) of the patent
office or the patent office, the registered letter should also be marked with
the [application document" and the [receipt of the Patent Office of the State
Intellectual Property Office" or [patent of the State Intellectual Property
Office". The words of the Office × × Agency Office. If the application
documents are submitted by the courier company, the actual date of receipt of
the application office of the Patent Office and the agency of each patent
office shall be the filing date. A registered letter should only contain the
same application documents. After mailing, the applicant should properly keep
the registered receipt stub.
(3) The Patent Office does not accept samples, samples or models when
accepting patent applications. In the examination procedure, if the applicant
requests the examiner to submit the sample or model, if it is submitted in person
at the patent office acceptance window, it shall produce a notice of review
opinion; if it is mailed, it shall be marked on the mail: [The examiner ××× (
Name) requires the submission of the model.