Patent Applications for Invention

For the new technical solutions proposed by products, methods or improvements, the invention patent may be applied for. The application documents for applying for the invention patents shall include: the request, the specification (the specification has drawings, the drawings should be submitted), and the claims, abstract (abstract drawing if necessary).

As for an application relating to nucleotide or amino acid sequence,such sequence listing shall be a separate part of the descriptionand its pages shall be numbered separately from the description.

The invention patent application documents shall be arranged in the following order: request, abstract, abstract drawing, claim, specification, drawings and other documents. All parts of the application documents should be numbered sequentially in Arabic numerals.

According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Proactive modification and correction of the application documents is also a procedure that the applicant can choose as needed. At the time when a request for examination as to substance is made, andwhen, within the time limit of three months after the receipt of the notification of the patentadministration department under the State Council on the entry into examination as to substanceof the application, the applicant for a patent for invention may amend the applicationfor a patent for invention on his or its own initiative.

When the invention patent application enters the substantive examination stage, it is necessary to reply to the office action. When replying, pay attention to the official deadline, and the consequences of overdue reply and non-response are the same. For the issues indicated in the office action, the applicant should reply one by one. The reply may indicate that the applicant agrees with the examiner's opinion, make corrections according to the examiner’s opinions, or modify the application; the applicant may also disagrees with the examiner's opinion and give opinions and reasons for the defense and statement. Defects in the format or procedure can generally be eliminated by correcting the defects; obvious defects are generally difficult to eliminate by correction or modification, and in most cases, they can only defend and state opinions on whether they exist or are obvious defects. The amendments or amendments to the invention patent application shall not exceed the scope of the original specification and claims, and the modification of the design patent application shall not exceed the scope of the original picture or photo. The modification file should submit the replacement page in the prescribed format. The response should be submitted in the prescribed format. Such as submitting a revised statement or a statement of opinion. The applicant shall use the supplementary or opinion statement and shall select it according to the requirements of the examiner. The general correction form problem or the formality problem uses the correction letter, and the substantive content of the application is revised. The applicant disagrees with the examiner's opinion and uses the opinion statement when making a defense.

Where it is found after examination as to substance that there is no causefor rejection of the application for a patent for invention, the patent administration departmentunder the State Council shall make a decision to grant the patent right for invention,issue the certificate of patent for invention, and register and announce it. The patent rightfor invention shall take effect as of the date of the announcement.

After receiving the authorization notice and the notification of registration, the applicant shall, within 2 months, go through the registration formalities and pay a registration fee for the grant of patent right, printing feefor the announcement of grant of patent right and the annual fee of the year in which thepatent right is granted. If the registration formalities are completed within the time limit and the prescribed fees are paid, the Patent Office will grant the patent right, issue the patent certificate, record it in the patent register, and announce it in the patent gazette. The patent right will take effect from the date of the announcement. If the registration formalities are not completed within the prescribed time limit, it shall be deemed as a waiver of the right to obtain patent rights.