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Guideline for Patent Application

 

Application types for patents: as far as the patent applications are concerned, they are divided into three  types, namely, the invention type, the utility model type and the design type. For the new technology scheme put forward for the product, the method or the improvement, an invention patent can be applied for; for the new technology scheme suitable for use and put forward for the shape/structure of the product or their combination, a utility model patent can be applied for; in addition, for the new beautiful design not only suitable for the industrial application but also put forward for the shape/ pattern of the product, their combination and the combination of the color, the shape and the pattern, a design patent can be applied for.

Application documents required to be submitted for patent handling: where the invention patent is involved, the application documents shall consist of the patent application, the specification (with the attached drawing provided if necessary), the right-claiming document, the abstract and the attached drawing(s), all of which shall be prepared in duplicate. For the invention patent application with the amino acid sequence or the nucleotide sequence being involved, the sequence table, which is required to be contained in the specification, shall be submitted as a separate part of the specification. At the same time, a CD or floppy disk, where the sequence table is recorded in accordance with the regulations of the State Intellectual Property Office, shall also be provided. Where the utility model patent is involved, the application documents shall consist of the patent application for the utility model patents, the specification, the attached drawing of the specification, the right-claiming document, the abstract and the attached drawing(s), all of which shall be prepared in duplicate. Where the design patent is involved, the application documents shall consist of the patent application for the design patents, the pictures and the photos, all of which shall be prepared in duplicate. Where the color protection is required, the color picture(s) or photo(s) in duplicate shall be provided. In case of the pictures being provided, it shall be entirely two pictures, yet if the photos are provided, it shall be entirely two photos. No mix of a photo and a picture together is allowed. Where the pictures/photos are required to be provided with the explanation, a brief explanation on design shall be provided in duplicate.

Department(s) in charge of accepting and hearing the patent applications: While applying for a patent, the applicant shall submit or mail the application documents directly to the Receiving Section, Patent Office, State Intellectual Property Office (hereinafter referred to as the “Receiving Section of Patent Office”), or to the Patent Agency set up by the State Intellectual Property Office. At present, the patent agencies have already been set up by the State Intellectual Property Office in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi’an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang,Ha’erbin and Changchun. The branch administration for the national defense patents is specially engaged in accepting and hearing the applications for the national defense patents.

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