The time of the invention patent, how long is the time of the invention patent

For invention patents (about 2 years at the earliest), the normal process is as follows:

a. Preliminary examination qualified: 3-4 months.

b. Announcement: 18 months (early disclosure: 6 months).

c. Substantive examination: pay the substantive examination fee after publication.

d. Notification of Office Action: 12-30 months.

e. Notice of grant or refusal: 18-36 months.

f. Obtain the patent certificate: 1-2 months after paying the registration and printing fee.

Utility model patents need to be granted in 6-8 months; The design needs to be granted within 4-6 months, and the invention patent can only be granted if it is registered within the time limit specified in the notice and the prescribed fee is paid.

According to Article 34 of the Patent Law, it can be seen that it takes 18 months to publish the application materials submitted to the patent administration department and passed the preliminary examination.

Further information: The Chinese Patent Office will make an authorization or rejection conclusion according to the examination situation, and the time of this process is generally about 3-6 months for design, 6-10 months for utility models, and 2-4 years for invention patents.

If the patent application is granted, the patent certificate will be obtained by going through the registration formalities in accordance with the requirements of the patent grant notice.

If the patent application is rejected, the decision on whether to file a request for reexamination depends on the specific circumstances.

A patent application is a request from the inventor, designer or other subject with the right to apply to the Patent Office to obtain a patent for an invention or design. According to the provisions of the Patent Law of the People's Republic of China, a patent application shall be submitted to the Patent Office with an application, description, claims, abstract, drawings and priority claim. The drawings and priority claims are not essential for each application, but they are beneficial for patent applications.

In a patent application, the application shall be in writing, mainly containing the following contents: the request for grant of the patent, the name of the invention or design, the name and identity of the applicant, the name and identity of the person, and the signature.

Encyclopedia: Patent application"Encyclopedia: Patent application

Invention patents are generally granted within three years. According to the relevant laws and regulations, if an application for an invention or utility model patent is subject to a preliminary examination for eight months, and if there is no reason to refute the substantive examination within three years from the filing date, the invention patent shall be granted, the invention patent certificate shall be issued, and the patent shall be registered and announced at the same time.

[Legal basis].

Article 26 of the Patent Law.

Where an application is made for a patent for invention or utility model, a letter of request, a description and its abstract and claims shall be submitted.

Article 34.

After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. The patent administration department may publish the application at an early date at the request of the applicant.

Article 35.

Within three years from the filing date of the invention patent application, the patent administration department may conduct a substantive examination of the application for fiber elimination according to the request of the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 39.

If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

It takes about 3 years for an invention patent to be patented.

The specific process is as follows:

1. First of all, it is necessary to go through the preliminary examination, and there will be a notice of acceptance after submitting it to the Patent Office, which will have the patent number of the patent, and enter the preliminary examination stage after submission;

2. After passing the preliminary examination about six months from the date of submission, the patent will be published, and then enter the substantive examination, and the substantive examination time depends on the specific examination situation;

3. After entering the substantive examination, the applicant may file a substantive examination with the Patent Office at any time within 3 years from the filing date, or may initiate a substantive examination after the publication of the patent application, and the substantive examination fee shall be paid in accordance with the regulations.

There are three types of patent applications that domestic and foreign applicants can file with the Chinese Patent Office:

1. Invention patent;

2. Utility model patent Naifeng;

3. Design patent application. Xiang Mu imitation.

Inventions and utility models are applications filed for technological improvements, and invention patent applications can protect product and process inventions; A utility model patent application does not protect the invention of the process, but only the improvement of the product and its structure; A design patent application only protects the appearance of the product, the shape, pattern or combination thereof, and the combination with the color. The invention patent is granted for a long time, generally three to five years, but because it needs to go through the substantive examination procedure, the stability of the patent right after the patent is granted. Utility model patents and design patents do not need to go through substantive examination procedures, and the authorization is relatively fast, utility models can generally be granted from six months to twelve months from the filing date, and designs can generally be granted within about six months from the filing date.

[Legal basis].Article 11 of the Patent Law of the People's Republic of China.

After a patent right for invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell or import its patented products for production or business purposes, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.