The application for a patent for utility model does not need substantive examination, and because of this, the probability of passing the patent for utility model is relatively high, and the required application time will not be too long, but the gold content of the patent for utility model is lower than that of the invention patent, and it may be revoked after the application is successful.
The utility model patent generally goes through the following procedures from application to authorization:
1. The applicant provides technical disclosure and entrusts a patent agency to write application documents. The agent shall, according to the requirements of the patent law and the applicant's invention content, write the application documents with the largest protection scope as far as possible. During the communication confirmation, it usually takes 10 days to about 20 days.
2. After writing the application documents, submit the application documents, obtain the notification of acceptance from the Patent Office, and determine the application date;
3. The Patent Office will formally review the patent application documents for about 3-8 months, and issue an authorization notice after the first trial is passed;
4. The applicant shall go through the formalities for obtaining the patent certificate;
5. It takes about 2-3 months to get the patent certificate.
The whole process lasts about 1 year, and the specific time depends on the examiner's review speed and the details of the applicant's disclosure of information.
Legal basis:
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.
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 40 in the Patent Law of People's Republic of China (PRC), if the application for a patent for utility model or design is not found rejected after preliminary examination, the patent administration department of 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.