A Complete Guide to the Invention Patent Application Process

In the wave of technological innovation, the Invention Patent is undoubtedly the most valuable and powerful "crown." It protects not the appearance of a product or a simple structural improvement, but rather the brand-new technical solutions that drive industry progress—whether it's a revolutionary new product, a disruptive new method, or a significant improvement to existing technology.

For an invention to wear this "crown," it must pass three rigorous tests, known legally as the "three properties":

1. Novelty: Absolute "Newness" This requires your technical solution to be "unprecedented." Before the patent filing date, it must not have been publicly disclosed anywhere in the world in any form. This means any prior disclosure, whether through published papers, product launches, or exhibition displays, can cause your invention to lose its novelty and miss the chance for patent protection.
2. Inventiveness: Significant "Progress" This is the soul of invention patent examination and the most difficult hurdle to overcome. Your technical solution must not only be new but also represent a "non-obvious," substantive improvement over existing technology. The examiner will consider from the perspective of a person of ordinary skill in your field: Is your invention a simple combination of existing technologies, or does it truly bring unexpected technical effects? Only the latter possesses inventiveness.
3. Practical Applicability: Real-World "Capability" Your invention cannot be a mere "castle in the air" that exists only in theory or imagination. It must be capable of being manufactured or used in industry and producing positive, predictable effects. This means your technical solution must be concrete, implementable, and able to solve practical technical problems.

Once granted, an invention patent provides you with an exclusive protection period of 20 years (from the application date). During this time, no one may manufacture, use, or sell your patented product or use your patented method for business purposes without your permission. This is undoubtedly the most powerful legal weapon for protecting core technology and building market barriers. For expert navigation of this process, engaging a patent attorney is highly advisable.

2. The First Step of a Long March: Meticulous Pre-Application Preparation

The patent application for an invention is a long battle, and meticulous preparation is the cornerstone of ultimate success.

Step 1: Sharpening Your "Weapon" - Perfecting the Technical Solution

Before you start writing, ensure your "weapon"—the technical solution itself—is sharp enough. You need to repeatedly ask:

• What problem does it solve? (Technical Problem)
• How does it solve it? (Technical Solution)
• How is it better than others? (Beneficial Effects)

A high-quality technical solution should be clear, complete, and logical, allowing a technical person to implement it by following the description.

Step 2: Know Yourself and Your Enemy - Conducting a Thorough Patent Search

This is the most critical and indispensable step before filing. Through a patent search, you can:

• Assess Novelty and Inventiveness: Understand if your invention "collides" with existing technology and predict the likelihood of a grant.
• Optimize the Technical Solution: Learn from the strengths of existing technologies and avoid their weaknesses to make your invention more competitive.
• Mitigate Infringement Risk: Understand the existing patent landscape in the field to avoid infringing on others' rights.

Recommended Search Tools:

• Free Databases: CNIPA's "Patent Search and Analysis System," Google Patents, WIPO's PATENTSCOPE, etc.
• Paid Databases: Such as Derwent Innovation, PatSnap, which offer more powerful features and comprehensive data.

Step 3: Drawing the "Battle Map" - Writing a High-Quality Invention Disclosure Form (IDF)

The IDF is the bridge between the inventor and the patent agent, and the blueprint for drafting the formal application documents. A high-quality IDF should be like a detailed "martial arts manual," clearly recording every detail of the invention. It typically includes:

1. Title of Invention: A concise and accurate summary of the technical solution.
2. Technical Field: The technical category to which the invention belongs.
3. Background Art: An objective description of the closest existing technology, pointing out its defects or problems.
4. Content of Invention: The core of the IDF. You need to detail how your invention solves the problems in the background art, what your technical solution is, and what beneficial effects it brings.
5. Description of Drawings: A brief explanation of each drawing if they are needed for understanding.
6. Detailed Description of Embodiments: Provide one or more specific, operable examples of how to implement your invention. This is key to supporting the claims and proving practical applicability.

3. Decisive Victory: A Detailed Guide to the Official Invention Patent Application Process

When everything is ready, you officially enter the stage of dealing with the national patent office (e.g., CNIPA, USPTO). The process can be summarized in five major steps: "Acceptance - Preliminary Examination - Publication - Substantive Examination - Grant."

Phase 1: Filing and Preliminary Examination (Approx. 2-6 months)

1. Filing the Application: You will submit a complete set of application documents, including a request form, claims, description, abstract, and drawings (if any). After submission, you will receive an application number, marking the official entry of your invention into the examination process.
2. Preliminary Examination: At this stage, the examiner mainly conducts a "formality check," ensuring your application documents are complete, correctly formatted, and fees are paid. They also check for obvious substantive defects, such as the subject matter not being patentable. If the documents meet the basic requirements, they will pass this stage.

Phase 2: Publication (18 months from the filing date)

18 months from the filing date, your invention's technical solution will be published in the patent gazette and on the website, regardless of the examination progress. This both discloses the technology to the public and marks the beginning of your "provisional protection." From the publication date to the grant date, if someone implements your invention, you can claim appropriate fees from them after the patent is granted.

Phase 3: Substantive Examination (Core Stage, Approx. 6-18 months or longer)

This is the critical stage that determines the life or death of your patent. You must request substantive examination within 3 years from the filing date and pay the examination fee. The examiner will then conduct a comprehensive review of your invention's "three properties."

• Core of Examination: Novelty, Inventiveness, and Practical Applicability.
• Common Outcome: You will likely receive one or more Office Actions. This is the primary way the examiner communicates with you, listing cited prior art and explaining why your invention does not meet patent law requirements.
• Response Strategy: Upon receiving an Office Action, you must submit a response and/or amended application documents within the specified period (usually 4 months). You need to argue against the examiner's opinions with sound reasoning or amend the claims to overcome the defects. This step is highly professional and usually requires the deep involvement of a patent attorney or agent.

Phase 4: Grant and Publication

If your response successfully persuades the examiner or the amended documents overcome all defects, you will receive a "Notice of Allowance."

1. Registration Procedures: After receiving the notice, you need to pay the patent registration fee, publication fee, and the first year's annual fee within the specified period.
2. Grant and Publication: After payment, the patent office will officially grant and publish the patent, and you will soon receive the coveted Invention Patent Certificate.

From then on, your invention is officially under full legal protection.

4. Conclusion: A Marathon of Patience and Wisdom

The invention patent application is a marathon that tests technical depth, legal wisdom, and strategic patience. It begins with meticulous preparation, goes through rigorous official examination, and finally reaches the pinnacle of rights. Each step is interlinked, and every move requires careful planning.

Although the process is long and complex, the rewards of success are enormous. It not only builds a solid legal barrier for your core technology but also becomes a powerful weapon for your company in market competition. Therefore, understanding and mastering this process is crucial for anyone dedicated to innovation. Our patent services are designed to guide you through every stage.