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Generally, the invention patent is 3 years, and the utility model is generally about 8 months if there is no correction in the middle, and the fast may be 6 or 7 months, and the design patent application can generally get the authorization notice in 6 months, plus the registration procedures and then get the certificate for 8 months. There are also authorization notices as fast as 4 months, and it is difficult to say that it is slow, probably because there are corrections or examiner delays during the period, and I have seen it for more than 1 year.
Patent Law: Article 9 Only one patent can be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has abandoned the utility model patent right, the invention patent right may be granted.
If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention.
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Almost a year! The application time is the same regardless of **! Unless he applies before you. Patent certificates are based on chronological order! I'm the patent**.
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If it is an invention patent, it is generally about two and a half years. If it is true that someone else has misappropriated your patent, you can file a lawsuit after the patent is granted.
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The approval depends on what patent you apply for: it takes 2 years for an invention patent, as long as you apply first and get the acceptance letter first, others can no longer apply for a patent for a drawing.
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Legal Analysis: The time for the receipt of the notice of acceptance of a patent application is divided into two categories:
1) 2 days. Electronic patent application** An electronic copy of the notice of acceptance of the patent application will be issued within 2 days after filing;
2) About 1 month. The time it takes for the paper version of the notice of acceptance of a patent application to reach the applicant from the CNIPA is about one month depending on objective factors such as the loss of express delivery.
If the electronic application meets the conditions for acceptance after examination, the examiner shall issue a notice of acceptance of the patent application and a notice of payment of the application fee; Where a request for fee reduction is submitted, a notice of acceptance of the patent application and a notice of examination and approval of fee reduction shall be issued.
Legal basis: Article 34 of the Patent Law of the People's Republic of China After receiving an application for a patent for invention, if the patent administration department finds that it meets the requirements of this Law after preliminary examination, it shall be published 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.
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 invention patent, and at the same time make a public announcement of the registered type. The invention patent right shall take effect from the date of publication.
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.
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Legal analysis: a copy of the notice of acceptance of the patent application accepted by the Patent Office of the State Intellectual Property Office, the original receipt and a copy of the receipt for payment of fees [the original will be returned to the applicant after being checked by the county-level intellectual property office (science and technology bureau); If an individual applies, a copy of his or her household registration book must be submitted; If the unit applies, it must submit a copy of the business license of the enterprise, the registration certificate of the legal person of the institution or the registration certificate of the legal person of the association; If the applicant is a unit and the original receipt of payment of fees has been reimbursed, a certificate issued by the unit and a copy of the receipt for payment of fees must be provided: if the applicant applies for a foreign patent, the relevant materials of the foreign-related patent institution of our province shall be provided.
Legal basis: Patent Law of the People's Republic of China Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products for production and business purposes, or use its patented process and use, offer to sell, sell or import products directly obtained in accordance with the patented process.
Judging from the fact that you mentioned in the office action notice, "this proposal can be thought of by people in the industry", you should respond to the inventiveness of the application. >>>More
Hello. Patents: Patents can give companies an advantageous position in the fierce market competition, especially for small and medium-sized enterprises, and good patents are enough to make them invincible in the market. Specifically, patents can bring us the following benefits: >>>More
In my opinion, it is still to entrust a management agency to help you apply, the process is very troublesome, and you may not be able to pass the application yourself, because the patent office has requirements for the format of the submission, font, paper, etc., and the entrustment of the agency will save you a lot of things, and after the application, if it is convenient, your annual fee can be paid by yourself, and you can save the first fee, which is better! >>>More
Of course, you can, and it is recommended that you apply as soon as possible, without waiting for things to be made, as long as your application documents are written "like a thing", it is better to find a professional patent person to consult, there is no need to save this thousands of dollars.
Documents required to apply for a patent:
To apply for a patent, you first need to draft a patent application document, record the technical content you want to protect, and then submit the application documents to the Patent Office (in Beijing) or the Patent Office's local agency. If you file electronically, you need to apply for a digital certificate from the patent office, and then use the CC client to file and submit the application documents. >>>More