If the application for a patent for invention has not found any reason for rejecting the appeal after the actual examination, the the State Council patent administrative organ shall make a decision on granting a patent for invention, issue a qualification certificate for the invention patent, and record and announce it at the same time. The patent right for invention and creation shall take effect as of the date of announcement.
If the application for a patent for utility model or a patent for design has not found any grounds for rejecting the appeal after basic verification, the patent administrative organ in the State Council shall make a decision to grant a patent for utility model or a patent for design, issue the corresponding patent qualification certificate, and record 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.
When applying for a patent, the notice of authorization and the notice of application for registration shall be sent to the corresponding process management unit and recorded. When preparing the authorization announcement in advance, the notice of the patent application authorization announcement volume should also be sent to the corresponding process management unit. The corresponding process management unit shall record and publish the waiver statement.
The corresponding process management unit can refer to the method of item 1 to solve the patent waiver statement voluntarily uploaded by the repeatedly authorized patentee. Although it takes a long time to apply for a patent right, if it succeeds within the time limit, it can be granted a patent right relatively quickly. When did the patent right come into effect at this time? This is very important because it is related to the difficult problem of protecting the rights and interests of patentees.
It takes a very long time from clearly filing a patent application to granting a patent right. If the patent needs to be maintained step by step by sending the patent qualification certificate to the applicant, it is likely to cause a lot of unnecessary damage to the patentee. Therefore, in China, the maintenance of patents generally takes effect from the date when the patent management measures are announced by the unit.
The above is my detailed introduction. I hope it will be helpful to everyone after reading it. If you have other comments, you can discuss them together in the message area below.