It takes eighteen months to four years and six months to apply for an invention patent. Because it needs 18 months of preliminary examination and 3 years of substantive examination.
The process of agent management is as follows:
1, submit technical disclosure and power of attorney; Article 26 of the Patent Law stipulates that an applicant for a patent for invention or utility model shall submit a request, specification, abstract, patent claim and other documents.
2. Technical exchanges between the two sides;
3. Sign an agency agreement;
4. Pay agency fees and official fees;
5. Writing patent application documents;
6. Submit a patent application;
7. Submit the agency report and the notification of acceptance by the Patent Office;
8, waiting for the patent office to review authorization.
Self-handling process operation:
1. Submit application (prepare materials);
2. Preliminary examination: it takes about 3 months for the preliminary examination office of the Patent Office to examine whether there is a formal examination requirement;
3. Disclosure of application: After the expiration of 18 months from the date of application, the Patent Office will disclose the contents of the application for a patent for invention, unless the application is made public in advance (about 6 months); Article 34 of the Patent Law stipulates that after receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it within 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
4. Substantive examination: A request for substantive examination is made within 3 years from the date of application, and the fee for the request for substantive examination is paid. The Patent Office will start the substantive examination procedure after accepting it. If the applicant agrees to make a request for substantive examination and pays the request fee for substantive examination when submitting the patent application, it will enter the substantive examination stage in about 6 months;
After examining whether the technical scheme applied for protection meets the novelty, creativity and other substantive conditions that can be authorized, the examiner of the Patent Office shall issue a notice of examination opinions. Whether there are reasons for rejection, or whether the scope of application for protection should be narrowed. ;
5. Authorization: When the examiner finds no reason for rejection or meets the authorization conditions after reasonable argumentation by the agent, the Patent Office will issue a notice of granting the patent right. Get the patent certificate about 3 months after receiving the notice and paying the fee;
6. Certification. Article 39 of the Patent Law stipulates that if the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
legal ground
patent law of the people's republic of china
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or 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 as of the date of announcement.