Can I make a product during the trial of a utility model patent?

Whether a utility model patent can be made into a product during the trial period should be analyzed according to the specific situation.

It is important to understand that the technology is not protected by a patent until a patent application is accepted.

If the product has the technical know-how that is not easy to be imitated, it can be produced and sold for the benefit of the society, so that the investment in technology research and development can be achieved as soon as possible. In another case, the product can be imitated, and the patent application has passed several months, and is in the normal state of acceptance, about to be authorized (according to the current situation, the time from the patent application to the authorization is about six months), you can start product development and trial production, in general, the product from trial production to market sales, it will take a while. It is not recommended to manufacture a product as soon as a patent is filed.

It can be done, the protection of the patent is calculated from the filing date, and the production of the product can be carried out during the application period, even if your product technology is plagiarized, and the patent is down, the same claim can be made. Isn't this exactly the case with some countries in the United States, they just wait for their opponents to become bigger, and then reap the harvest.

OK. The protection of the patent is calculated from the application date, and the production of the product can be carried out during the application period, and it is recommended that the product be marketed after the authorization is successful, which is safer and prevents the leakage of the patented product or technology.

For details, please refer to the Patent Law of the People's Republic of China.

It depends on whether your specific behavior meets the requirements. If the patent is advertised in the process of reviewing the patent application materials, then it is not allowed, because the patent is not publicized, and Zhuan Zhihui believes that this act may give competitors an opportunity to take advantage of it, resulting in a suspicion of infringement. If it is a production, it is possible if there is a license.

Legal analysis: In the general procedure, it is impossible to get the patent certificate in three months, because, after the application for a utility model patent, the applicant can take the initiative to make corrections within two months, and the patent office will not conduct an examination within these two months, and then examine it after two months, even if the two months are up, the patent office will immediately arrange the examination, and the examination will be qualified at one time, and the patent office will immediately issue a notice of authorization.

Legal basis: Article 8 of the Patent Law of the People's Republic of China Where two or more units or individuals have cooperated to complete an invention-creation that has been returned to the army, or where one unit or individual has been entrusted by another unit or individual, the right to apply for a patent belongs to the unit or individual that has completed or jointly completed the invention-creation, unless otherwise agreed; After the application is approved, the unit or individual who applies for the lease is the patentee.

Legal analysis: Utility model patents will not be subject to substantive examination, and utility model and design patent applications are subject to a formal examination system, also known as a registration system. After receiving an application for a patent for invention, the IP office enters the preliminary examination stage.

The so-called preliminary examination is to examine whether the patent application meets the formal requirements stipulated in the Patent Law and its implementing rules, as well as obvious substantive defects. After preliminary examination, if the patent application does not meet the formal requirements or has obvious substantive defects, the Intellectual Property Office shall notify the applicant of the opinion, and the applicant shall make corrections within the prescribed or designated time limit, and if there is no reply within the time limit, the application shall be deemed to be withdrawn, and the application shall be submitted to the Patent Reexamination Board for review within the prescribed time. After the completion of the preliminary examination procedure for an invention patent application, if the preliminary examination meets the requirements of the Patent Law, the application shall be published immediately after 18 months from the filing date, and the Intellectual Property Office may also publish it in advance according to the applicant's smirk.

Legal basis: Article 40 of the Patent Law of the People's Republic of China If no reason for rejection is found in the preliminary examination of the application for a utility model or design patent, the patent administration department shall make a decision to grant the utility model patent or the 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: Utility model patents will not be subject to substantive examination, and utility model and design patent applications are subject to a formal examination system, also known as a registration system.

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

Legal analysis: Utility model patents will not be subject to substantive examination, and utility model and design patent applications are subject to a formal examination system, also known as a registration system.

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 patent for utility model or design after preliminary examination, 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. Be cautious.