Patent certificate can be obtained within 1 1- 15 days after patent authorization, and patent declaration by patent agency is unnecessary. On the premise that the agency declares the patent, after the patent is authorized, the intermediary agency will get the patent certificate in115 days, and then mail it to the applicant, which takes an additional 1-3 days.
According to China's patent law, there are three kinds of patent applications that domestic and foreign applicants can file with China Patent Office: invention patent, utility model patent and design patent application. Inventions and utility models are applications for technical improvement, and applications for invention patents can protect product and method inventions; The application for a patent for utility model does not protect the method invention, but only protects the product and the improvement of its structure; An application for a patent for design only protects the appearance, shape, pattern or their combination and the combination with color of the product.
Invention patents are granted for a long time, usually three to five years, but the granted patents are highly stable due to the need for substantive examination procedures; Patents for utility models and designs do not need to go through substantive examination procedures, so they can be granted quickly. Generally speaking, the utility model can be authorized within six to twelve months from the date of application, and the design can be authorized within about six months from the date of application.
For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, actual examination and authorization announcement. In general, it will be announced within 65,438+08 months after acceptance, and then the actual examination stage. It usually takes about 3 years to get authorization, but it does not rule out a longer time.
Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC).
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.