What are the pros and cons of applying for an invention patent to be published in advance?

Legal Analysis: Because of the early publication of the late application of the bridge, the applicant can obtain the provisional protection provided for in the patent law as soon as possible. After the application for a patent for invention is published, the applicant may require the unit or individual that implements the invention to pay an appropriate fee, and the patent protection can be realized in advance.

Legal basis: Patent Law of the People's Republic of China Article 13 After the publication of an application for a patent for invention, the applicant may request the unit or individual that implements the invention to pay appropriate fees.

Legal Analysis: Because of the early publication of the application, the applicant can obtain the provisional protection provided for in the Patent Law as soon as possible. After the application for a patent for invention is published, the applicant may require the unit or individual that implements the invention to pay appropriate fees, and the patent protection can be realized in advance.

Legal basis: Article 13 of the Changwan Patent Law of the People's Republic of China After the publication of an application for a patent for invention, the applicant may require the unit or individual that implements the invention to pay the appropriate expenses.

1.Filling out and drafting patent application documents.

There are specific requirements for filling in and drafting patent application documents, and the applicant can fill in or write it by himself, or he can entrust the patent ** agency to handle it on his behalf. Although the entrustment of a patent** is not mandatory, considering the importance of carefully drafting the patent application documents and the legal rigor of the approval process, it is worth advocating for applicants with little experience.

2.Acceptance of patent applications.

After receiving a patent application from the Reception Office of the Patent Office or the representative office of each Patent Office, the filing date will be determined, the application number will be given, and a notice of acceptance will be issued for the application that meets the acceptance conditions.

3.How to pay the application fee.

The application fee, as well as other fees, can be paid directly to the Billing Office of the Patent Office or the Patent Office Representative, or by remittance through a bank or post office. At present, banks use electronic transfers, and post offices use electronic remittances. When the payer pays the patent fee through the post office or bank, the correct application number or patent number shall be written on the bill of exchange, and the name of the fee shall be abbreviated.

The remitter shall require the bank or post office staff to enter the above-mentioned payment information in the remittance postscript column, and if the remittance is made through the post office, the post office staff shall also be required to enter the complete mailing address, including the postal code, which will play an important role in the subsequent procedures. Fees may not be sent to the Patent Office Reception Desk.

4.When the application fee is paid.

If the patent application documents are submitted in person, the application fee may be paid after obtaining the notice of acceptance and the notice of payment of the application fee. If the application is submitted by mail, the application fee shall be paid after receiving the notice of acceptance and the notice of payment of the application fee, because the corresponding application number shall be indicated for the payment of the application fee, but the date of payment of the application fee shall not exceed two months from the filing date at the latest.

After applying to the State Intellectual Property Office for the grant of an invention patent, it is generally necessary to conduct multiple examinations. According to the provisions of the Patent Law, it takes about 18 months from the date of filing an application for grant of a patent before a patent for invention is published. This shows how complicated and strictly forbidden the examination process for granting a patent for an invention is.

If the patent applied for does not satisfy the inventive step, novelty and practicality, then the patent cannot be granted.

Hear in advance, get the certificate in advance, and if you still have questions, we will communicate on the hill, and my name is Qiuqiu.

1. The substantive examination procedure may start in advance, but it is not absolute.

2. It may be a protection for yourself.

For example, if the filing date of application A is January 1, 2009, and if early disclosure is not requested, then the publication date is July 1, 2010; On June 1, 2010, a competitor filed a similar, but identical, application B. In this way, application A cannot be used to evaluate B's inventive step.

However, if it is disclosed in advance, on May 1, 2010, then A can evaluate B's creativity in terms of time. i.e., B may not be authorized as a result.

What is the use of requesting an early publication statement for an invention patent?

1. Early disclosure can be used to evaluate the inventiveness of others' patent applications, and to hinder the authorization of others' patent applications closely related to their own technology as much as possible.

2. Disclosure is a necessary procedure for the invention to enter the substantive examination, so it can shorten the authorization period.

3. After the invention patent is published in Chinese, if someone has used your technology, you can ask others to pay you the use fee from the time of use after your publication, but if others do not pay, you can file a lawsuit after your authorization.

See if other patents are identical or similar.