How to get a patent right

Legal analysis: the realization of patent right needs to be applied, and after the application, it needs to go through substantive examination. If there is no reason for rejection, the State Council Patent Administration Department will issue a certificate of invention patent and make a public announcement for registration, and the patent right will be realized at this time.

Legal basis: Article 39 of the Patent Law of People's Republic of China (PRC). 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.