Software patent application process
Software patent application process
(A) before applying the query
Patent applications before the inquiry is a procedure before the patent application, it is not necessary, but it is necessary, a valid search report enables applicants to avoid rights to be protected by patent rights and earlier application is not the same as or similar to ensure patent application is effective.
Patent search can be carried out in the State Intellectual Property Office General Inquiries net public database; the center can also be commissioned professional patent search queries.
(2) The application document preparation
Patent disclosure, application documents should include: invention patent request, summary, abstract drawings (where applicable), the specification, claims, drawings (where applicable), in duplicate.
(C) the patent application is accepted departments
When the patent applicant may file the application in person to the State Intellectual Property Office of the reception counter or addressed to "the State Intellectual Property Office accepted at" close (hereinafter referred to as the Patent Office Department), to be personally in place of the State intellectual Property Office Agency (hereinafter referred to as the Patent Office Agency) reception counter or addressed to "the Patent Office ××× agency" collection. Currently in Beijing and other places have set up the State Intellectual Property Office Agency.
Accepting (iv) Patent Application
After the Patent Office at the patent offices or agencies receive patent applications, to meet the conditions of admissibility of the application, will determine the filing date, application number given, issued the notification of acceptance. The applicant in person at the Patent Office of patent offices or agencies of the application documents, if the number of 10 or less, then apply compliance review of the conditions of admissibility, in line with the conditions of admissibility of the notice of acceptance made on the spot.
To submit a written application at the Patent Office file, usually in about a month can receive the State Intellectual Property Office (hereinafter referred to as the Patent Office) of the notice of acceptance, does not meet the acceptance criteria, will receive a notice and will not be accepted refundable application file copy. More than a month has not yet received notification of the Patent Office, the applicant shall promptly accept inquiries at the Patent Office, and found the application documents or notices may be lost in the mail.
(E) pay the application fee
Application documents in person, you can get notice after notice of acceptance and payment of the filing fee, then pay the application fee, you can also post office, bank remittance.
Submission of applications by mail, should then pay the application fee after receiving notice of acceptance of the notice and pay the application fee. Pay the application fee need to specify the corresponding application number, the applicant shall be two months from the filing date or the date of receipt of notice of acceptance within 15 days after payment of a fee.
Note: pay other costs, enforcement notice in accordance with the Patent Office.
(F) examination of patent applications
1, preliminary examination:
After the Patent Office received applications for invention patents, subject to a preliminary examination. After preliminary examination, from the filing date at least 18 months, that line announced. Patent Office may publish the application earlier at the request of the applicant.
Preliminary review of the major verification
① whether the application documents are available; ② formal compliance with standards; ③ whether to pay the costs. In the preliminary examination, the Patent Office will issue a correction notice for the above matters, be corrected by the applicant.
2, substantive examination
After application disclosed the invention, the Patent Office upon receipt of the applicant's request for substantive examination, substantive examination start. Invention patent applications from the filing date of the request within three years, the Patent Office may be made at any time according to the applicant, the substantive review of its application; the applicant fails to request a substantive examination, the application shall be deemed withdrawn. Patent Office deems it necessary, they can self-invention patent application for substantive review.
Examiner issued a notice of review comments, make evaluations novelty notice of application for invention, creativity, practicality, and pointed out that the material weaknesses in the application documents. The applicant responded review comments, if necessary, amend the application documents. If the applicant's reply to overcome the review comments, the inspector will issue a notice of patentable. If the applicant does not reply to review comments overcome, the inspector will issue a notice of review comments again or issue a notice of dismissal.
(Vii) Authorization
Applicant after receiving notice of patents granted, need to register. The applicant shall pay within the prescribed period of notice of patent registration fee, annual fee authorized that year, the announcement printing costs, as well as patent shall pay stamp duty . After applicants apply for the registration within the prescribed time limit and pay the prescribed fee, the Patent Office will grant the patent right, issue the patent certificate recorded on the Patent Register and notice in the Patent Gazette, shall take effect from the date of announcement .
(Viii) the maintenance of a patent
After the patent application is granted, the patentee shall advance one month for each year an annual fee for the next year before the expiration. Where no paid or not paid, the Patent Office will issue a demand notice, notify the patent holder shall pay a fee from the date of expiry of pay within six months of the year, while paying late fees. Late fee amount shall be, for each payment a month, subject to 5% of the full year annual fee calculation; inadequate expiry of unpaid or paid amount, to be paid from the date of patent expiry year termination fee.
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