How long does it take to apply for a patent at the fastest, and how long does it take to apply for a

Patenting process.

The procedure for applying for a patent is simple, and you only need to apply once to know it. First of all, from the national intellectual property online **patent application** and the version of the patent document (description, claims, abstract of the specification, request for fee reduction, request), fill in the ** and write the patent application documents can be applied to the patent office. If you know how to write patent documents, you can write documents by yourself and file a patent application with the patent office; Inventors who are not sure about writing documents and do not know how to apply for a patent can entrust a patent ** agency to apply for a patent.

Patent documents submitted to the patent office can be submitted by mail or in person, and the mailing must be done with ** letter, and the document cannot be folded when mailed. In order to take care of the inventors in remote areas who apply for patents, the patent office applies for patents through the post office, and the patent application date is calculated according to the mailing date, and the patent application date is of great significance, so we must pay attention to it, and we should ask the post office staff to stamp the postmark more clearly when mailing. After the patent documents are submitted or mailed, we will receive the "Notice of Patent Acceptance" issued by the Patent Office and obtain the patent application number, and if the request for fee reduction is made, we will also receive a document agreeing to the fee reduction; In order to be accountable to the applicant, all letters are sent by **.

We get the patent number to have legal effect, and then we pay the patent application fee to the patent office according to the patent number, when paying the patent application fee, the patent number and the name of the fee must not be written wrong (the current patent application number is particularly long, it is easy to make mistakes, and we must proofread it carefully; The name of the fee must not be wrong), and the fee must be paid in full, otherwise the patent office will treat it as if the fee has not been paid, and the failure to pay the patent application fee will lead to the consequence of patent non-authorization. When mailing, the address and the recipient can not be mistaken, especially the recipient, the patent office has many units, the recipient should be the "patent acceptance office", if it is a fee, the payee should be according to the recipient on the documents of the patent office, the patent office has a special fee management office. After the patent application documents have been submitted to the patent and the patent application fee has been paid, the patent application process is basically completed, and the patent grant notice issued by the patent office will be received in six to twelve months.

The future of emerging industries is bright after applying for patents!

1.The process of obtaining an e-filing user** is the only identifier that distinguishes an applicant, and the process of obtaining an e-filing user** is called applicant registration. When an applicant or an institution wishes to file a patent application online, it should first submit an application to the Patent Office using the electronic filing system.

According to the agreement reached between the two parties, the patent office issues the user** and password (password), which is called electronic application registration. At this stage, it is only possible to register electronically at the patent office. 2.

The applicant or the ** institution should bring valid documents and manually fill in and sign the "Electronic Patent Application System User ** Request Form" and the "Electronic Patent Application System User Registration Agreement". Signed by a natural person, and stamped with the official seal of the unit or office. Submit it to the State Intellectual Property Office, and after the State Intellectual Property Office verifies that the above information is correct, it assigns the user the user of the electronic application**.

3.The electronic application user shall bring the original personal ID card or a notarized copy of the ID card and a copy for the individual; The electronic application user carries a letter of introduction from the unit and an organization certificate for the public institution; The electronic application user is an enterprise and carries a copy of the business license stamped with the official seal of the unit, and the electronic application user is a patent ** institution, and a copy of the registration certificate stamped with the official seal of the patent ** institution. 4.

If it is inconvenient for an individual from other places to apply for electronic registration, he or she can entrust another person to come to Beijing to handle the electronic application and registration procedures on his behalf. However, the entrusted person shall bring the power of attorney for electronic application for registration signed by the registrant, the original ID card or notarized ID card of the registrant, the registration request form and registration agreement signed by the registrant, and the original ID card of the entrusted person. 5.

After the applicant obtains the user ** and password of the electronic application, he or she can log in to the electronic application ** with the user ** and password, and enter the software** to obtain the client software of the electronic application. 6.In the case that the applicant has filed an electronic patent application and it has been formally accepted, if the Patent Law and its implementation rules and examination guidelines stipulate that certain documents must be submitted in the form of originals (which may be in the form of paper or other tangible carriers), the applicant shall submit to the State Intellectual Property Office an electronically scanned image copy of the original through the electronic patent application system, and the applicant shall also submit the original.

The applicant shall submit an electronic scanned image copy of the original and the original within the prescribed or specified time limit. Such as patent power of attorney, fee reduction certificate, etc.

The time required to apply for a patent is generally more than 18 months, and if rapid examination is required, the right to be erected will be granted in 12 months at the earliest. The time for applying for a utility model patent generally takes about 6 months to authorize.

The general patent is about 45 days.

Legal basis: Article 34 of the Patent Law After receiving an application for an invention patent, the patent administration department shall publish it immediately after 18 months from the date of application if it finds that it meets the requirements of this Law after preliminary examination. 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, on the basis of the applicant's request for accompaniment 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.

Considerations for patent applications

1. A patent literature search should be carried out to determine whether the invention meets the basic conditions of the three characteristics of the patent. At this time, the determination of the three characteristics of the patent is only preliminary, and the search is to minimize the blindness of the patent application, increase the certainty of the patent grant and the legal stability after the grant, and the other purpose is to facilitate the finding of the prior comparative technology, so as to more accurately draft the claims and determine the scope of protection of the patent right.

2. It is necessary to further analyze the technological and economic development dynamics of competitors and their patent strategies, and check whether the application is in line with the development strategy and patent strategy of its own products and technology and economy.

3. Do a good job in the confidentiality of relevant technologies and entrust professional patent institutions.

4. Pay attention to the time of applying for a patent to prevent others from taking the lead.

A patent application generally takes 12 to 17 working days.

Acceptance by the Patent Office, the first applicant shall submit a patent application to the State Intellectual Property Office, submit the necessary application documents when submitting the patent application, and pay the relevant fees according to the regulations, preliminary examination, after the Patent Office accepts the application, it will conduct a preliminary examination of the patent application, and after passing the preliminary examination, it will be published within 18 months from the filing date.

Fees:The standard official fee for applying for an invention patent is 3,450 yuan (including the application fee of 950 yuan and the substantive examination fee of 2,500 yuan), which can be reduced to 560 yuan if the company fee reduction conditions are met, and 560 yuan if the individual fee reduction conditions are met.

The standard official fee for applying for a utility model or design patent is 500 yuan, which can be reduced to 75 yuan if the company's fee reduction conditions are met, and 75 yuan if the individual fee reduction conditions are met.

1. Design patent: 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" together with a brief description of the design, and submit the application documents to the State Intellectual Property Office. After submitting the application, you can get the Notice of Patent Acceptance in about a week; In about six months, the Intellectual Property Office issues the Notice of Grant of Design Patent Right and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months.

2. Utility model patent: After submitting the application, you can get the "Notice of Patent Acceptance" in about a week; About six to eight months, the Patent Office issues the Notice of Grant of Utility Model Patent and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months. If the application for a utility model is filed one month after the date of filing the application, it will generally be granted in about six months.

3. Invention patent: After submitting the application, you can get the "Notice of Patent Acceptance" in about a week; Conduct the preliminary examination stage, pass the examination, and if the specification of the applied patent is disclosed in accordance with the advance disclosure statement, it will enter the substantive examination stage; If the substantive examination is qualified, the Notice of Grant of Invention Patent and the Notice of Registration Formalities will be issued; After paying the fee in time, the certificate will be issued in about two months, so that the invention patent application process is smooth and generally takes about three years.

design patents, which take about 6 months to apply for and are valid for 10 years; The entire application time for a utility model patent is about one year, and the validity period is 10 years; Invention patent, the entire patent application, one and a half to two years.

It is recommended to find a professional agency to apply for a patent, which can save most of the time and energy, because applying for a patent is a very troublesome matter, and people who do not know how to apply will waste time and energy because of the preparation of various materials.

There are three types of patents: invention patent application, utility model patent application, and appearance patent application; The timing of each patent application is different.

First of all, let's take a look at invention patents with high gold content: for invention patents, the patent office needs to conduct substantive examination, and if the examination is passed, the patent office needs to grant the patent within a certain period of time. Typically, it is 6-18 months.

In the case of utility models and designs, they need to go through the stages of acceptance, preliminary examination and grant announcement, and since there is no need for substantive examination, the time for obtaining the grant of utility models and designs is relatively short, generally from 6 to 10 months.

Generally, the time required for patent application is about 18 months, and the specific time required is determined according to the actual situation.

Paragraph 1 of Article 26 of the Patent Law stipulates that an application for a patent for invention or utility model shall be submitted with a written request, a description and its abstract and claims. Article 40 stipulates that if no reason for rejection is found in the preliminary examination of the patent application for utility model or design, the patent administration department shall make a decision to grant the patent for utility model or design, 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.

Generally speaking, patents can be divided into three types: design patents, utility model patents, and invention patents.

The approximate time from application to grant of an invention patent is about 2-3 years.

The approximate time from application to grant of a utility model design patent is about 1 year to 1 year.

The biggest difference between the application process for invention patents, utility model and design patents is that inventions need to go through substantive examination. The applicant must file a request for substantive examination within three years from the filing date (earliest priority date).

It is also possible to file a request for substantive examination at the same time as the application documents are filed to speed up the examination of the application documents by the examiner. Substantive examination is a stage that must be passed through before an invention patent application is granted.

The time for substantive examination of a patent is generally 6-18 months, depending on the technical scheme of the invention, the quality of the drafting of the patent application documents, the examiner's understanding of the invention and the examiner's work arrangement, and the time of the reply between the examiner and the patentee.

It can be said that the substantive examination stage of invention patents takes a long time.

1. Application for invention patent.

Patent Application Examination and Approval Process: Patent Application - Acceptance - Preliminary Examination - Publication - Request for Substantive Examination - Substantive Examination - Authorization.

Invention patent (2-3 years), the invention patent application authorization period is generally about 3-5 years.

2. Application for utility model patent.

Approval process for utility model patent application: patent application, acceptance, preliminary examination, announcement, authorization.

Utility model patents (10 months to 1 year), utility model patents and invention patents need to be submitted to the Patent Office together with the patent application documents such as requests, claims, and specifications.

3. Application for design patent.

The process of applying for a design patent is patent application - acceptance - preliminary examination - announcement - authorization.

For a design patent application (6 months-8 months), a design patent application requires the preparation of the appearance view of the six sides of the product, and the "Design Patent Application" together with a brief description of the design should be filled in and submitted to the State Intellectual Property Office.

Patent application can consult the intellectual property rights, and the company can provide the majority of enterprises with intellectual property rights, scientific and technological projects, system certification consulting, and technical consulting four business modules. Its core is intellectual property protection, intellectual property layout, intellectual property management, intellectual property mining, intellectual property navigation and early warning analysis, to intellectual property commercialization of one-stop full-chain services!