How long does it take to apply for a design patent?

Hello, the application for a design patent is generally 1 2 weeks to issue the "Notice of Acceptance", about 1 month to issue the notice of grant of the design patent, about 6 months to issue the design patent certificate Thank you.

3-6 months to see if the documents you submit can be reviewed and approved at one time.

If there is a problem with the format, it will send you a correction, and it will delay the process as soon as you go through it.

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.

Design patent application (6 months-8 months) For a design patent application, it is necessary to prepare the appearance view of the six sides of the product, fill in the "Design Patent Application Form" together with a brief description of the design, and submit the application documents to the State Intellectual Property Office.

Taking invention patents as an example, it is generally necessary to go through such a process:

1. The documents to be submitted for the application of invention and utility model patent application include the request, claims, description, drawings of the description, abstract of the description and other documents. The documents that should be submitted for a design patent application include a request, ** or **, a brief description and other relevant documents.

2. Acceptance: After receiving the patent application documents, the Patent Office of the State Intellectual Property Office shall issue a notice of acceptance, determine the patent application date, and give the patent application number. Lack of necessary application documents or other violations of legal requirements will not be accepted.

3. Preliminary examination After receiving the application documents, the patent office will first conduct a formal examination of the application documents and the payment of fees. If the applicant fails to pass the preliminary examination, the applicant shall make corrections or state opinions according to the notice; If it still does not meet the requirements, it will be rejected. If the application for a utility model or design patent is qualified in the preliminary examination and no reason for rejection is found, it shall directly enter the authorization procedure for authorization.

4. Publication (unique to invention patent application) If the invention patent application is qualified in the preliminary examination, it will enter this stage. If the Patent Office finds that it meets the requirements of the Patent Law after preliminary examination, it shall be published in the Gazette of Invention Patents after 18 months from the date of filing. The patent office may also publish the application at an early date at the request of the applicant.

5. Substantive examination (specific to invention patent applications) Within three years from the filing date, the patent office may conduct substantive examination of the application at any time according to the request of the applicant. If the applicant does not make a request within this period, the application is considered withdrawn. However, if the request is not made in a timely manner due to force majeure or other legitimate reasons, a certificate may be issued and the request may be made again.

The Patent Office may also conduct a substantive examination of the invention patent application on its own if it deems it necessary.

Extended Materials. The patent system is a legal system for the protection of intellectual property rights in inventions and creations under the conditions of a market economy. Paragraph 2 of Article 9 of the Patent Law stipulates that "if two or more applicants separately apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed first", which is the "first-to-file principle".

Therefore, all inventions and innovations that meet the patent conditions should be patented as early as possible in order to obtain the legal protection of the state.

To apply for a patent, the necessary application documents must be submitted to the State Intellectual Property Office in accordance with the regulations. To apply for a patent for invention or utility model, a request, description, claims, abstract and necessary drawings and other documents shall be submitted. To apply for a design patent, documents such as a written request, a ** or ** of the design, and a brief description shall be submitted.

The patent application documents can be written by the applicant himself or by the patentee.

1. Procedures for applying for a design patent.

1. Application stage.

To apply for a design patent, the patent application documents shall include: a design patent application, ** or **. If the color protection is requested, the color ** or ** in duplicate shall also be submitted.

If you submit **, you should all be **, and if you submit **, you should be **, and you should not mix ** or **. If an explanation is required for ** or **, a brief description of the design shall be submitted. If a patent ** institution is entrusted, a power of attorney shall be submitted.

If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.

2. Review stage.

China implements a preliminary examination system for design patent applications. During the preliminary examination process, the examiner will issue a notice of amendment to the formal issues in the application documents. The applicant made amendments to the notice.

At the same time, the examiner will examine whether the client is a customer for design patent protection, and if there is a customer that is not a customer for design patent protection, the examiner will issue a notice of reasons for reasons for office, and the applicant will reply to the notice of reasons for reasons for office or revise the application documents.

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.

2. How long does it take to apply for a design patent?

After completing the examination in about 6 to 8 months from the filing date, you will receive a notice of grant from the Patent Office, notifying you to pay the certificate fee and annual fee, etc., and you will receive a design patent certificate from the Patent Office about two months after the payment of the fee. The whole process takes about 8 months to 1 year. If there is a problem with the application documents during the examination period and it is necessary to make corrections or defenses, the time for authorization will be postponed accordingly.

Legal analysis: It takes at least six months and no more than 18 months to apply for a design patent. To apply for a design patent, you first need to file an application with the Patent Office, and after about three to four months, the application will be preliminarily examined.

After the completion of the preliminary examination, a Notice of Registration Formalities will be issued to the applicant. After the applicant completes the information and pays the corresponding fees (including patent annuity fee, patent registration fee, publication printing fee, stamp duty), the patent will be authorized and the relevant announcement will be issued in about a month.

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

Rule 34 After receiving an application for a patent for invention, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and publish it 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.

Rule 35 Within three years from the filing date of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn. When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

1. The notice of authorization of the patent office shall be received from the patent office in about 9 10 months from the date of application for the design patent.

2. After paying the certificate fee, registration fee and annual fee for the first year according to the regulations, the "Patent Certificate" will be issued in about two months.

3. The term of protection of a design patent is 10 years from the filing date, and it will automatically become invalid after 10 years.

2. Application process for appearance patent:

1) The stage of acceptance of design patent application.

After receiving the patent application, the patent office will examine it, and if the conditions for acceptance are met, the patent office will determine the filing date, give the application number, and after verifying the list of documents, issue a notice of acceptance and notify the applicant.

2) Preliminary examination stage of design patent application.

After acceptance, if the application fee is paid in accordance with the regulations, the patent application will automatically enter the preliminary examination stage. In the first instance, the application is examined for obvious defects.

3) Publication stage of design patent application.

If the applicant does not request early disclosure, the application for invention patent will not enter the publication preparation procedure until 15 months have elapsed from the filing date. If the applicant requests early disclosure, the application immediately proceeds to the disclosure preparation procedure. Once the application is published, the applicant is granted the right to temporary protection.

4) Substantive examination stage of design patent application.

After the publication of the invention patent application, if the applicant has filed a request for substantive examination and it has taken effect, the applicant shall enter the substantive examination procedure. During the substantive examination, a comprehensive examination will be conducted on whether the patent application has novelty, inventive step, practicability and other substantive conditions stipulated in the Patent Law. If no grounds for rejection are found in the substantive examination, the authorization procedure will be entered in accordance with the regulations.

5) Design patent application and authorization stage.

If no reason for rejection is found in the substantive examination of the patent application for invention, the examiner shall make a notice of authorization, and the application shall be prepared for registration of authorization, and after reviewing the legal effect and completeness of the authorized text, and proofreading and revising the bibliographic items of the patent application, the patent office shall issue a notice of grant and a notice of registration formalities, and the applicant shall go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice within two months after receiving the notice, and if the registration formalities are completed on time, the patent office will grant the patent right. A patent certificate is issued, recorded in the patent register and published in the Patent Gazette two months later.

1. Materials and fees required for design patent application:

1. The six-sided view of the product (four-inch color photo) should be provided, the working state chart, the main, the rear, the left, the right, the pitch and the elevation view, each view should provide four identical views, and the proportion should be consistent. (The actual product can also be taken by us).

2. Sign the ** power of attorney in duplicate, and provide a copy of the applicant's certificate.

b) Fees. 1. Application fee: 500 official fee;

2 The annual patent fee for the year must be paid on time. Individuals can apply for an annual fee reduction on their behalf (for the first 3 years after grant).

It usually takes 4 to 6 months to apply for a design patent, and the process is divided into three stages: application, examination, and authorization.

The application phase usually takes between 1 and 5 business days, and applicants are required to provide and prepare the application materials required by law.

The examination stage refers to the examination of whether the design patent application documents meet the criteria for grant, and the time of this stage is about 3 to 4 months, and if the examiner believes that the applicant needs to make amendments or state opinions, it also needs to go through the process of supplementing and correcting Bixin.

The grant stage is mainly to pay the patent registration fee, stamp duty and the annual fee of the year of grant, and then the patent office will issue the patent certificate, which is about 1 to 3 months.

Article 12 of the Patent Law of the People's Republic of China provides that any unit or individual who exploits another person's patent shall enter into a license contract with the patentee and pay the patentee royalties. The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent.

It is generally 6 to 7 months from the date of sending the document to obtain the certificate. The term of protection is 10 years.

There is a service balance period: it is being renewed for 15 years every year.

It takes about 6 months to apply for a design patent. After the application for a design patent is filed, the preliminary examination can be completed in about four months. If the preliminary examination is passed, the "Notice of Registration Formalities" will be issued.

One month after the applicant pays 295 yuan (an applicant and the fee is reduced and the filing procedures are qualified) and the annual printing fee (annual fee, patent registration fee, publication printing fee, stamp duty) is issued, the patent is authorized and the authorization announcement is issued. After the authorization announcement is issued, the "Patent Certificate" will be mailed within 10 working days.

The length of time to file a design patent application also depends on whether the patent has to go through the stage of office action and response. If the examiner has doubts about the patent, such as unqualified figure proportions and sorting methods, the N Office Action Notice will be issued, and the Nth Office Action Notice will give the applicant two months to respond, and the first reply is unqualified, and the second reply is also two months. If the examiner examines the reply and responds promptly, it will take at least 4 months for the two examinations.

Therefore, at this time, the market for applying for design patents has been extended to at least 10 months.

Legal basis

Article 21 of the Patent Law of the People's Republic of China.

The patent administration department shall, in accordance with the requirements of objectivity, impartiality, accuracy and timeliness, handle applications and requests for patents in accordance with the law.

The patent administration department shall strengthen the construction of a public service system for patent information, publish patent information in a complete, accurate and timely manner, provide basic patent data, and regularly publish patent gazettes to promote the dissemination and utilization of patent information.

Before the publication or publication of a patent application, the staff of the patent administration department and relevant personnel shall be responsible for the confidentiality of its contents.

Article 31 of the Patent Law of the People's Republic of China.

An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models that belong to a general invention may be filed as one application.

A design patent application should be limited to one design. Two or more similar designs for the same product, or two or more designs for a product of the same class and used as a set** or use, may be filed as one application.