How does electronic filing of patent applications work?
发布日期:2020年08月28日
According to the requirements of Article 2 of the Enforcement Rules of the Patent Law, the various procedures stipulated in the Patent Law and the Enforcement Rules shall be applied for by written notice or other methods as required by the Patent Office. Other methods required by the Patent Office include electronic filing methods. Electronic filing refers to the use of Internet technology as a transmission medium for filing patent documents with the Patent Office in the form of compliant electronic documents. The patent law, implementing rules and filing requirements for patents and other documents in this manual apply to electronic applications, except for the requirements for patents and other documents filed in paper form. Provisions for electronic device format documents shall be provided separately by the Patent Office.
1. e-Application Users e-Application users are those who have signed a user registration agreement with the State Patent Office for the electronic device patent application system software (hereinafter referred to as the user registration agreement) and have applied for the relevant registration procedures and obtained the user code and login password applicants and patent agents.
1.1 Electronic application representative If there are two or more applicants who do not have the right to entrust a patent agency, the electronic application user who submits the electronic application is the representative.
1.2 Electronic Signature An electronic signature is a data message that should be attached to an electronic document submitted or transmitted under the Patent Office's electronic device application patent system software to identify the true identity of the signatory and to indicate that the signatory agrees to the following: Content. The signature or official seal referred to in Article 119(1) of the Implementing Rules of the Patent Law refers to the electronic signature or official seal in the electronic application document. The electronic signature and the signature or official seal of the paper document selected for the electronic application file has the same legal recognition.
2. e-Application user registration e-Application user registration methods include: public registration, postal registration and online registration. Application for electronic application user registration procedures should be submitted to the electronic application user registration request, signed or stamped user registration agreement in duplicate, and provide the user registration supporting documents.
2.1 e-Application User Registration Request Form The e-Application User Registration Request Form shall use the standardized report developed by the Patent Office and indicate in the request form the name or title of the registrant, type, ID number, country of borrowing or place of registration, and usual residence the city of that location or place of business, specific address and postal code. If the registration requestor is a business, the request should also indicate the information of the processor.
2.2 User registration supporting documents registration requestor himself, should submit a copy of the user's signature or seal of the household ID or other ID documents. If the registration requestor is an enterprise, a copy of the company's business license or organizational structure certificate with the company's official seal, the signature of the person in charge or a copy of the ID document with the official seal shall be submitted. If the registration requestor is a patent agency, a copy of the registration certificate of the patent agency with the company seal of the patent agency, the signature of the person in charge or a copy of the identification document with the following: official seal shall be submitted.
2.3 Verification of registration request If the registration material has been verified to meet the criteria, the notice of examination of the registration request of the electronic application and the user registration agreement signed by the patent office shall be sent to the registration requestor, and the user code shall be given. For public registration, the public password of the registration requestor shall be set; for postal registration, the login password of the registration requestor shall be informed in the electronic application registration request examination notice; for online registration, the applicant must pre-set the registration request login password. If the registration material does not pass the test, the registration shall be publicly registered and the registration requestor shall be immediately informed of the reason for non-registration, and the registration material shall not be accepted; for postal registration and online registration, it shall be sent to the registration requestor to submit an electronic application for registration request review. The notice shall state the reason for non-registration and that the registered raw material is not returned.
2.4 Changes in the content of the information of the user of the electronic application If the registered user's login password, specific address, postal code, telephone, fax, e-mail and message alert methods change, the registered user shall log in to the electronic application website to log in. Online change. If the registered user's name or name, type, ID number, nationality or place of registration, habitual residence or city where the place of business is located, etc., information content changes, the registered user shall submit to the Patent Office a request for change of information content of the registered electronic application user and relevant supporting documents to apply for the change procedure. The registered user code is not changed.