How long does it take to apply for a patent

According to the provisions of the Patent Law, the examination and approval procedure of an application for a patent for invention is divided into five stages: acceptance, preliminary examination, publication, substantive examination and authorization, which takes about 1 year and a half to two years. The application for utility model patent and design patent only needs three stages: acceptance, preliminary examination and publication, which only takes about 6 months. In the acceptance stage, the Patent Office receives a patent application and issues a notice of acceptance if it considers that it meets the acceptance conditions. In the preliminary examination stage, whether there are obvious formal defects in the application is examined. Patents shall be granted for utility models and designs that have passed the preliminary examination.

After the application for a patent for invention has passed the preliminary examination, it will enter the stage of publication and substantive examination. In the actual trial process, whether the application for a patent for invention has the substantive conditions stipulated by law such as novelty, creativity and practicality is comprehensively examined. If there are various defects after examination, the applicant will be informed to state his opinions or make amendments. If no reason for rejection is found, the Patent Office will issue a patent certificate and make an announcement. The inventor submits the patent application documents within one working day after confirming the application documents, and obtains the "Patent Acceptance Notice" and "Special Application Beneficial Number"; The invention patent will pass the preliminary examination in about 6 months, 18 months, and then the actual trial can begin. In general, the Notice of Authorization can be authorized in about one and a half years, and then the Patent Certificate can be obtained in 1 ~ 2 months.

After receiving the patent application, the Patent Office will examine it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. If the application documents are not typed, printed, illegible or altered, or drawings and pictures are not drawn with drawing tools and black ink, the photos are illegible or altered, or the application documents are incomplete, or the applicant's name and address are missing in the request, or the category of the patent application is unclear or uncertain, the patent application directly sent by foreign units and individuals will not be accepted.

legal ground

Article 34 of the Patent Law of People's Republic of China (PRC) * * * 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, shall immediately publish it 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. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make 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 have been withdrawn.