u Procedure before application
1. Consulting
2. Search to ascertain which part of the invent context belongs to the existing technology. Search it on the website by yourself, or entrust us to do it and the fee depends on the situation.
3. Submit the technical paper
4. After deciding to entrust us to be responsible to the patent application, you shall sign the power of attorney, and pay the relevant fee.
① The technical paper is required to state the invention or utility model clearly and completely so as to enable a person skilled in the relevant filed of technology to carry it out or believe that the invention can solve the problem which can not be handled by the existing technology.
② Context of the submitted paper
1) The title of the invention-creation
2) Technical filed
3) Background art includes the existing technologies close to the invention-creation and the objective judgment to the existing problem or defect.
4) Technical problem that the invention-creation solve
5) The paper shall state the invention-creation technical scheme clearly and completely. The invention-creation for the mechanical product shall descript the shape of every part, construction, the connected relations among the parts, space relation and work principle, et al. The invention-creation for products without fixed shape or construction, such as products of power or fluid, chemical and drug, shall descript their components, contents, technological conditions for preparation and process flow and so on. The invention-creation for method shall descript the operation procedure and technological parameters.
6) Compared with the existing technology, this invention shows some beneficial effects, such as the enhancement of the preferment, decrease of the cost and so on.
7) Paten application for utility model shall provide the attached drawings. The attached drawing can be marked, but the sizes and parameters shall not be marked.
8) Preferred embodiment
The product invention shall descript the composition of the product, circuit composition,, chemical component, work process or operation procedure, while the method invention shall descript the procedure, parameter and technological conditions and so on. It is preferred to provide as much embodiments as possible.
u Quicken the space of patent application
1. The applicant of application for utility model may get his patent right assigned in 6-7 months, while the applicant of application for invention may get his patent right assigned in 6 months, if the applicant applies to quicken the space of patent application. The precondition is that the application owns the inventiveness, novelty and practicability.
2. To quicken the space of patent application, the applicant shall file a request to state his reason. Reasons can be its great importance with the national welfare and the people's livelihood, timeless or seasonal property, or infringement occurring in the market and so on. Then the applicant shall get approval from the local intelligent property administrator. Every province has its own prescribed form table.
3. Once the relevant material is well prepared, please contact us timely. It is a special procedure, so please communicate with us timely to get the latest information. Our rich experience will be helpful in our service.
u Necessary material for patent application
1. Invention or utility model applicant
The attorney shall write the application documents on the basis of invention-creation text in a complete and concise manner. The technologic papers including:
(1) The title of the invention
(2) Technical field
(3) Background art
(4) Objective of invention or utility model
(5) The technical scheme that set forth the invention or utility model so as to enable a person skilled in the relevant field of technology to understand and have the invention and utility model realized.
(6) The beneficial effect of invention or utility model, compared with the background technologies.
(7) Attached figures
(8) Description of figures and specific model for carrying out the invention (the more specific model, the better)
2. Patent application for design
Please provide the drawing or photograph in conformity with the prescribe format requirement and the necessary explanation. And the six-side views and space pattern for drawing is required.
u Format of document of reexamination
Where the applicant requests the Patent Reexamination Board to make a reexamination in accordance with the provision of Article 41 of the Patent Law, it or he shall file a request for reexamination, state the reason and, when necessary, attach the relevant supporting document.
Where the request for reexamination dose not comply with the prescribed format, the person making the request shall rectify it within the time limit specified by the Patent Reexamination Board. If the requesting person fails to do so, the request for reexamination shall be deemed not to have been made.
The person making the request may amend its or his patent application at the time when it or he requests reexamination or makes responds to the notification of reexamination of the Patent Reexamination Board. However, the amendments shall be limited only to remove the defects pointed out in the decision of rejection of the application or in the notification of reexamination.
The amendments to the application for patent shall be in two copies.
u Withdrawn and termination of reexamination procedure
At any time before the Patent Reexamination Board makes its decision on the request of reexamination, the requesting person may withdraw its or his request for reexamination. Where the requesting person withdraws his or its request for reexamination before the Patent Reexamination Board makes its decision, the procedure of reexamination is terminated.
Request for invalidation and invalidation reply
According to the patent law, since the day of the announcement of a patent being granted by the Patent Administration Department under the State Council, anyone requesting invalidation or part invalidation of a patent right in accordance with relevant regulations shall submit a request for invalidation to the Patent Reexamination Board.
Invalidation behavioral subjects normally compose of patentee and the person making the request for invalidation. The requesting person expects to declare a patent right invalid through the procedure of request for invalidation, while the patentee wants to maintain the validity of a patent right.
u Submitted material of whole or partial invalidation
If submitting the request for the whole or partial invalidation, the request for invalidation and necessary evidences shall be submitted to the Patent Reexamination Board in duplicate.
Withdrawal and termination of invalidation
Where the petitioner fails to make a response to notification of oral proceedings within the specified time limit and fails to appear in the oral proceedings so that the request for invalidation is deemed withdrawn. The oral proceeding can be held without the attendance of patentee.
The petitioner can withdraw his request for invalidation before the Patent Reexamination Board makes an examination decision on it. Where the petitioner withdrawn his request for invalidation before the Patent Reexamination Board makes an examination decision on it, the invalidation procedure terminates.
The Patent Administration Department under the State Council files the decision of request for invalidation and makes the announcement. If Party concerned does not satisfy with an examination decision of declaring a patent right invalid or maintaining the patent right, he can institute legal proceedings before the people’s court within three months from receipt of the decision. The people’s court shall invite the opposite party of the request for invalidation as the third one to attend the proceeding.
Any patent right which has been declared invalid shall be deemed to be non-existent from the beginning. The decision declaring the patent right invalid shall have no retroactive effect on any judgment or mediation decision of patent infringement which has been pronounced and enforced by the people's court, on any decision concerning the handling of a dispute over patent infringement which has been complied with or compulsorily executed, or on any contract of patent license or of assignment of patent right which has been performed prior to the declaration of the patent right invalid; however, the damage caused to other persons in bad faith on the part of the patentee shall be compensated.
