For invention patents, except for some invention patents that need to be released in secret, general invention patents need to go through several stages, such as acceptance, preliminary examination, publication, actual examination and authorization announcement. In general, it will be published within 18 months after acceptance, and then the actual review stage. It usually takes about 3 years to get authorization, but it does not rule out a longer time.
In order to speed up the period of obtaining the patent right, we can make the application public in advance by telegram, so that it can be made public after passing the preliminary examination and then enter the real trial stage, which can speed up the progress of authorization. In addition, in some special circumstances, it may be required to speed up the audit, but the procedures are more complicated and the cost will be higher.
For utility models and designs, it needs to go through the stages of acceptance, preliminary examination and authorization announcement. Because there is no need for substantive examination, the authorization time for utility models and designs is short, generally 6- 10 months.
I. The application process includes:
1, the applicant provides original technical data and personal (unit) information;
2. Entrust a patent agency, sign an agency agreement, and write patent application documents that meet the requirements of the Patent Law; If necessary, you can retrieve it first.
3. Submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee as required;
4. After preliminary examination, the application for a patent for this invention will be published in the patent bulletin and website 18 months after the date of application; According to the requirements of the applicant, it may also be required to publish it in advance at any time within 15 months from the date of application;
5. Enter the stage of substantive examination (substantive examination): the applicant may file an application for substantive examination with the Patent Office at any time within 3 years from the date of application or after the patent application is made public, and must pay the patent substantive examination fee in accordance with the regulations;
6. After substantive examination, the patent conforms to the practicality, novelty and creativity of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee and certificate fee are paid in accordance with the regulations to obtain the invention patent certificate; Authorized invention patents will be published.
7. Where a prior application for a patent for invention is claimed, the relevant information of the prior application shall be provided.
legal ground
patent law of the people's republic of china
Article 36 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application.
Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 37. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.