Term of validity of utility model patent: 1. How long is the protection period of utility model patent? The termination of the patent right can be divided into: (1) expiration: the patent right of utility model or design shall be maintained for 10 years from the date of application and terminated according to law; (2) Termination without payment: If the patentee fails to pay the annual fee and overdue fine in full as required, the patent right shall be terminated from the expiration date of the previous year. 2. 1 Application process of utility model patent. At the application stage, the application documents for utility model shall include: the request, specification, drawings of the specification, claims, abstract and drawings of the abstract of the patent for utility model. An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted. 2. In the examination stage, China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the customer protected by the utility model patent. If there are customers who are not protected by the utility model patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents. The utility model patent is only a preliminary examination, and there is no substantive examination like the invention patent application. It mainly examines whether the application for a patent for utility model has the documents stipulated in Article 26 of the Patent Law and other necessary documents, and whether these documents conform to the prescribed format, including the following matters: whether the application for a patent for utility model obviously belongs to the provisions of Articles 5 and 25 of the Patent Law, or obviously does not conform to the provisions of Articles 18 and 19, paragraph 1, or Article 31, paragraph 1, Article 33, Article 2, paragraph 3, Article 22, paragraph 2 or Article 4 of the Patent Law. Whether it obviously does not conform to the provisions of Article 26, Paragraph 3 or Paragraph 4, Article 31, Paragraph 1 and Article 33 of the Patent Law, or whether the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law; The Patent Office will notify the applicant of the examination opinions and ask him to state his opinions or make corrections within a specified time limit; If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. If, after the applicant has stated his opinions or made corrections, the Patent Office still considers that it does not meet the requirements listed in the preceding paragraph, it shall reject it. 3. Authorization stage (1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. (2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
Legal objectivity:
Term of utility model patent: 1. How many years is the protection period of the patent for utility model 1? The protection period of the patent for utility model-10 years starts from the filing date. 2. The protection period of the invention patent is ***20 years from the date of filing, and the protection period of the utility model patent and the appearance patent is the same-10 year from the date of filing; Each patent has to pay a corresponding annual fee every year, which changes with the change of protection period. 3. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. In the patent law, the creativity and technical level of utility model is lower than that of invention patent, but it has great practical value. In this sense, utility models are sometimes called small inventions or small patents. The protection period of the invention patent is 20 years, and that of the design patent is 10 years, counting from the date of application. 2. Can the protection period of utility model patent be extended? No, it can't be postponed. According to Article 42 of the Patent Law, "the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, counting from the date of filing." Three. How to apply for 1 utility model patent? The application documents for utility model at the application stage shall include: the request for the patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings of the abstract. An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted. 2. In the examination stage, China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. 3. Authorization stage (1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. (2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months. Three. How to apply for 1 utility model patent? The application documents for utility model at the application stage shall include: the request for the patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings of the abstract. An application for a patent for utility model must have a description and drawings. Where a patent agency is entrusted, a power of attorney shall be submitted. 2. In the examination stage, China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. 3. Authorization stage (1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit. (2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.