How long does it take for an invention patent to be granted from application to grant?

<> as shown in the figure above, invention patents take years (five stages: acceptance, preliminary examination, publication, substantive examination and grant).

Utility model - 4-6 months (three stages of acceptance, preliminary examination and grant) Design - 3-4 months (three stages of acceptance, preliminary examination and grant).

Because there are many things to be examined in a patent, the time required for different types of patents is also different. Generally speaking, if everything goes well, it takes about two years for an invention patent. It takes half a year for a utility model patent, while a design patent can be applied for in 4-6 months.

However, it still depends on the actual situation, if the application is rejected, it needs to be amended and resubmitted, which will naturally take longer.

Three years.

1. For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, substantive examination and authorization announcement. In general, the announcement will be made 18 months from the date of acceptance, followed by the substantive examination stage. Generally, it takes about 3 years to get the authorization, but it is not excluded that it will take longer.

In order to speed up the time limit for obtaining a patent right, it is possible to apply for early disclosure, and after passing the preliminary examination, it can be published, and then enter the substantive examination stage, which can speed up the process of granting.

2. For utility model and design patents, it is necessary to go through the stage of acceptance, preliminary examination and authorization announcement, because there is no need for substantive examination, therefore, the time for utility model and design patents to be granted is relatively short, generally 6-10 months.

Article 34 of the Patent Law of the People's Republic of China*** After receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, it shall be published immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

Patent application process

1. Submit the application (prepare the materials).

2. Preliminary examination

The preliminary examination division of the patent office examines whether the requirements for formal examination are met, which takes about three months.

3. Please make it public

After the expiration of 18 months from the filing date, the patent office discloses the contents of the patent application. Except for applications for early disclosure (about 6 months).

4. Quality review

If a request for substantive examination is filed within three years from the filing date and the fee is paid, the substantive examination procedure will be initiated after acceptance by the Patent Office. If the applicant agrees to file a request for substantive examination and pay the request fee at the time of filing the patent application, the applicant will enter the substantive examination stage in about six months.

The examiner of the patent office issues a Notice of Office Action after determining whether the technical solution for which protection is applied satisfies the novelty, inventive step and other substantive conditions that can be granted. For example, whether there are grounds for refusal, or whether the scope of the application for protection should be narrowed, etc.

5. Authorization

If the examiner does not find the reasons for rejection or satisfies the conditions for grant after reasonable argument by the first person, the Patent Office shall issue a notice of grant of the patent right. The patent certificate will be obtained approximately 3 months after receiving the notice and paying the fee.

6. Issuance of certificates

1. The steps to apply for a patent and the time to obtain the certificate.

1. According to the Patent Law, the examination and approval procedure for an invention patent application includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization.

2. There is no early publication and substantive examination in the examination and approval of a utility model or design patent application, and there are only three stages: acceptance, preliminary examination and authorization.

3. Patent processing time.

a.The design patent is expected to be certified in about 4-5 months.

b.The utility model patent is expected to be certified in about 8 months.

c.The invention patent is expected to be certified in about 2-3 years.

Note: The application time may vary depending on the requirements of each place.

There are three types of patents:

a. Invention b. Utility model c. Design.

Legal analysis: invention is generally about 3 years, practical is generally 7-14 months, of course, the time of specific cases is still different.

a) the work; (2) Inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) Commercial secrets; (6) Layout design of integrated circuits; (7) new varieties of plants; (8) Other subject matter provided for by law.

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

1. How long can an invention patent be authorized at the earliest?

Generally speaking, it takes about 3 years for an invention patent to be patented. Generally, the invention patent is disclosed after 18 months from the date of application, if the substantive examination is filed after the disclosure, it is generally authorized after the second pass, so that it is more than two years, in short, it depends on the specific case situation and the examiner, the law is not limited to the examination time, only the applicant's reply time is limited (4 months for one pass, two months for the second pass and later). It is also possible to apply for early disclosure and substantive examination at the time of application, which will be faster, but the earliest will not be earlier than 18 months, and even if the examination is completed within 18 months, it will be necessary to wait until 18 months later, because the issue of conflict with the application will be considered.

2. The conditions required to apply for an invention patent.

According to the provisions of the Patent Law of the People's Republic of China, as long as the content of the invention and creation of the inventor complies with the relevant regulations, and no one has applied for a patent for the invention, the patent can be applied. However, whether the application can be approved or not needs to be determined after a certain amount of review. And the patentee needs to pay an annual fee to keep the patent right in a valid state.

3. The process of applying for an invention patent.

1. Provide a letter of disclosure and entrust a ** agency to write the application documents, which generally takes 20 days and one month (this step can be omitted if you do not entrust a ** agency);

2. Submit the application documents, obtain the notice of acceptance from the patent office, determine the filing date, and submit the advance disclosure statement and request substantive examination on the day of submission of the documents, so as to speed up the examination process;

3. The patent office conducts a formal examination of the patent application documents, which takes about 2 or 3 months, and enters the stage of preparation for disclosure after passing the preliminary examination;

4. The patent office publishes the invention application documents in about 6 8 months;

5. The patent office conducts a substantive examination of the invention patent documents, which is about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, that is, the novelty, inventiveness, and practicability (the entrusted ** agency communicates with the ** institution to determine the appropriate scope of protection of the invention), and the back and forth communication may be repeated several times until the amendment is satisfactory to the examiner;

6. The Patent Office issues a notice of authorization;

7. The applicant goes through the procedures for obtaining the patent certificate;

8. After about 2 or 3 months, the whole process of obtaining the patent certificate lasts about 2 and a half to 3 years, and the specific time depends on the speed of the examiner's examination and the degree of detail of the applicant's information.