How is the time limit for patent application stipulated?

Legal analysis: 1. Time limit for claiming domestic priority or foreign priority for the same invention or utility model in China: before the filing date 12 months.

2. Time limit for foreigners to apply for foreign priority in China for the same design: within six months before the date of application.

3. If a foreign applicant claims foreign priority, the time limit for providing the certificate issued by the foreign patent acceptance authority: within three months from the date of filing.

4. Time limit for the invention to be exhibited for the first time at an international exhibition sponsored or recognized by the China government, or published for the first time at a designated academic conference, or made public by others without the consent of the applicant, without losing novelty: within six months before the date of application.

5. Time limit for submitting certificates of the above exhibitions and academic conferences: within two months from the date of application.

6. The invention relates to a new microorganism, microbial method or its product, and the user's microorganism is not known to the public. Preservation date of microorganisms: before the application date at the latest.

7. Time limit for submitting the above-mentioned microbial preservation certificate and survival certificate: within three months from the date of application.

8. Time limit for payment of patent application fee: within two months from the date of application.

9. Time limit for applying for a patent for invention to modify the application voluntarily: when the actual examination request is put forward, and when the first examination opinion is answered.

10. Time limit for application for active modification of utility model or design patent: within three months from the date of application.

1 1. Time limit for early publication of invention patents: within three years from the date of application (or priority date).

12. Time limit for substantive examination of an application for a patent for invention: within three years from the filing date (or priority date).

13. Time limit for payment of maintenance fee for application for invention patent: two years from the date of application, and annual payment from the third year.

14. Time limit for filing divisional application: before the original case authorization notice is issued.

15. Time limit for filing administrative reconsideration: within 15 days after receiving the notice from the Patent Office.

16. according to article 6 of the detailed rules, the time limit for requesting the restoration of rights: within two months after receiving the notice.

17. Time limit for the applicant to request reexamination: within three months after receiving the rejection decision.

18. If the applicant refuses to accept the review, the time limit for bringing a lawsuit to the court: within three months after receiving the review decision.

19. patent registration period: within two months after receiving the notice.

20. Term of invention patent right: the application before 1993 is from the date of filing, and the application after 15 is 20 years from the date of filing.

2 1. Term of patent right for utility model or design: 1993. Applications made before this date are five years from the date of application, and may be extended for three years. For applications after 1993, from the date of application 10 year.

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

Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed between that country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority.

Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.

Article 30 Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of filing the first application.

Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.

Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.