When will the utility model patent certificate come down after it is submitted

8-14 months, latest official time.

After the patent office issues the letter of authorization, the applicant goes through the procedures for obtaining the patent certificate, and after paying the first annual fee and the license collection fee, usually gets the patent certificate after 2-3 months, and can contact the patent office and the ** institution.

The patent certificate is that the patent application is qualified after examination, and if no reason for rejection is found, it meets the conditions for issuing and granting a patent, which is a decision made by the patent administration department (i.e., the State Intellectual Property Office) to grant the patent right, and the patent certificate issued to the patent applicant is a legal certification document.

Legal analysis: The utility model can be issued in about 6-8 months.

Legal basis: Qing or Patent Law of the People's Republic of China

Article 39 Where no reason for rejection is found in the substantive examination of an application for a patent for invention, the patent administration department shall make a decision to grant the patent right of Zhengxian Ming, issue a certificate of invention patent, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

Article 40 Where no reason for rejection is found in an application for a patent for utility model or design after preliminary examination, the patent administration department shall make a decision to grant a patent for utility model or a design patent, issue a corresponding patent certificate, and register and publish it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

Legal analysis: According to the provisions of the Patent Law, a judgment on the grant of a utility model patent can be made after the preliminary examination is passed, and the examination time is usually about 6-10 months.

Legal basis: Article 40 of the Patent Law of the People's Republic of China If no reason for rejection is found in the application for a utility model or design patent after preliminary examination, the patent administration department shall make a decision to grant the utility model patent or design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

The utility model can be issued in about 6-8 months.

Legal basis: Patent Law of the People's Republic of China

Article 39 If no reason for rejection is found in the substantive examination of an application for a patent for invention, the patent administration department shall make a decision to grant a patent for invention, issue a certificate of invention patent, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

Article 40 If no reason for rejection is found in the preliminary examination of the patent application for utility model or design design, the patent administration department shall make a decision to grant the patent right for utility model or design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

Legal analysis: The authorization time of utility model patents is generally 4-8 months, and if the review is smooth, there is no need to reply to the review, which is generally about 5 months to authorize.

Legal basis: Article 54 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China After the patent administration department issues a notice of grant of patent right, the applicant shall go through the registration formalities within 2 months from the date of receipt of the notice. If the applicant goes through the registration formalities on time, the patent administration department shall grant the patent right, issue a patent certificate, and make a public announcement.

If the registration formalities are not completed after the expiration of the time limit, it shall be deemed to have waived the right to obtain the patent right.

The authorization time of a utility model patent is generally 4-8 months, and if the review is smooth, there is no need to reply to the review, which is generally about 5 months to authorize.

Application process: 1. Application stage.

The application documents for a utility model shall include: a patent application for a utility model, a description, drawings to the description, claims, an abstract and drawings attached to the abstract. A utility model patent application must have drawings to the specification. If a patent ** institution is entrusted, a power of attorney shall be submitted.

2. Review stage.

China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of amendment to the formal issues in the application document and a notice of reasons for reasons for reasons of office in response to obvious substantive issues, to which the applicant responds.

Utility model patents are only subject to preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines whether the application for a utility model patent has the documents specified in Article 26 of the Patent Law and other necessary documents, and whether these documents conform to the prescribed format, and includes the examination of the following items:

whether the application for a utility model patent clearly falls under the provisions of Articles 5 and 25 of the Patent Law, or clearly does not comply with the provisions of Articles 18 and 19.1 of the Patent Law, or clearly does not comply with the provisions of Article 31.1 and 33 of the Patent Law, Article 2.3, Article 22.2 or 4 of the Patent Law on novelty and practicality;

whether it clearly does not comply with the provisions of Paragraphs 3 or 4 of Article 26, Paragraph 1 and 33 of Article 31 of the Patent Law, or whether the patent right cannot be obtained in accordance with Article 9 of the Patent Law;

The patent office shall notify the applicant of the office action and require the applicant to state his opinion or make corrections within the specified time limit; If the applicant fails to respond within the time limit, the application shall be deemed to be withdrawn. If the applicant still finds that it does not comply with the provisions of the preceding paragraph after the applicant has stated its opinions or made corrections, it shall reject the application.

3. Authorization stage.

1) Grant: After passing the preliminary examination, the examiner will issue a notice of grant of patent. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures:

Pay the patent registration fee, the annual fee of the year of grant, the printing fee of the public notice and the stamp duty on the patent certificate within the prescribed time limit.

2) Issuance of certificate: The applicant can obtain the patent certificate after completing the registration procedures. This period is about 2-3 months.

Legal analysis: The utility model can be issued in about 6-8 months.

Legal basis: Patent Law of the People's Republic of China

Article 39 Where no reason for rejection is found in the substantive examination of an application for a patent for invention, the patent administration department shall make a decision to grant the right of invention for invention, issue a certificate of omission of the invention patent, and register and announce it at the same time. The invention patent right shall take effect from the date of publication. Zheng Zao.

Article 40 Where no reason for rejection is found in the preliminary examination of an application for a patent for utility model or design, the patent administration department shall make a decision to grant a patent for utility model or a design patent, issue a corresponding patent certificate, and register and publish it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

1. How long is the application cycle for utility model patents?

A utility model patent, also known as a small invention or a small patent, is the object of patent rights and the object of protection under the Patent Law, and refers to the utility model for which a patent right should be granted in accordance with the law. A utility model usually refers to a new technical solution for the shape, structure or combination thereof of a product that is suitable for practical use. Its application is divided into the application stage, the examination and acceptance stage, and the authorization stage, which generally takes about 6 months.

2. Fee standards and basis for utility model patent applications.

1) Application fee 1, invention patent 900 printing fee 502, utility model patent 5003, design patent 500;

2) The maintenance fee for invention patent application is 300 per year;

3) Examination fee for invention patent application 2500;

4) Reexamination fee 1, invention patent 10002, utility model patent 3003, design patent 300;

5) Fees for change of bibliographic matters1, change of inventor, applicant and patentee 2002, change of entrustment relationship between patent institution and patentee 50;

6) Priority claim fee 80 per item;

7) 1,000 for the request for restoration of rights;

8) Cancellation request fee 1, invention patent right 302, utility model patent right 203, design patent right 20;

9) Request for invalidation fee 1, invention patent right 30002, utility model patent right 15003, design patent right 1500;

10) Compulsory license request fee 1, invention patent 3002, utility model patent 200;

11) 300 for the request for a compulsory license to use the award;

12) Patent registration, printing, printing cost 1, invention patent 2552, utility model patent 2053, design patent 205;

3. The surcharge of the description will be increased from page 31 (including the drawings of the manual) 50 per page (including the drawings of the manual) from page 301 onwards, and the additional fee of each page (including the drawings of the manual) will be increased by 100;

14) Annual fee 1, invention patent 1 3 years 9004 6 years 12007 9 years 200010 12 years 400013 15 years 6000

16 20 years 80002, utility model patents 1 3 years 6004 5 years 9006 8 years 12009 10 years 20003, design 1 3 years 600

4 5 years 9006 8 years 12009 10 years 2000.

Note: 1. The fee reduction items include the application fee, the invention maintenance fee, the invention examination fee, the reexamination fee and the annual fee for the next three years after the grant. 2. The reduction ratio of the application fee, the invention examination fee and the annual fee for the three years after the grant is 70 for service inventions, 85 for non-service inventions, and 60 for service inventions and 80 for non-service inventions.