It takes more than 18 months to apply for an invention patent. According to the relevant laws and regulations, after receiving an application for a patent for invention, the patent administrative department of the State Council, after preliminary examination, finds that it conforms to the provisions of this law, and shall publish it immediately after 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. Patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. In China, there are three kinds of patents: inventions, utility models and designs.
legal ground
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents. 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.