How long after the patent has passed the preliminary examination?

After preliminary examination, the invention patent will be published within 18 months, and the applicant can apply for substantive examination within 3 years after application. According to the provisions of the Patent Law, after receiving an application for a patent for invention, the patent administrative department of the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and publishes 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. The application process of invention patent is: submission of application, preliminary examination, publication, actual examination and announcement of authorization. If it takes eighteen months to make it public, it shall be announced, or it may apply for an early announcement as needed. The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published. After the application is published, the applicant has the right to temporary protection. Obtain patent authorization.

The difference between patent preliminary examination and substantive examination

Patent substantive examination according to China's patent law, the invention patent is subject to substantive examination system, and the utility model patent and design patent are subject to formal examination system. The latter also needs to meet substantive requirements. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.

Patent preliminary examination, also known as "formal examination" or "format examination", is a review conducted by the patent administrative department of the State Council on whether the application for a patent for invention, utility model and design meets the formal conditions. The main purpose of preliminary examination is to find out whether the invention applying for patent meets the formal requirements, so as to prepare for future public examination and substantive examination; Find out whether the utility model and design applying for patent conform to the provisions of the patent law on granting patent right, and grant patent right to the utility model and design that meet the authorization conditions according to law.

How long does it take for the patent preliminary examination?

Patent preliminary examination usually takes two to three months. It usually takes two to three months to formally examine a patent. After passing the preliminary examination, it will be publicized. The announcement time of the patent office is generally six to eight months.

legal ground

patent law of the people's republic of china

Article 34 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, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.