How many years does it take to grant an invention patent?

Invention patents are generally granted once every three years. According to relevant laws and regulations, an application for a patent for invention or utility model requires a preliminary examination of 18 months, and a substantive examination will be conducted within three years from the date of application. If there is no reason to refute it, the invention patent right shall be granted, the invention patent certificate shall be issued, and the registration and announcement shall be made at the same time. Where a general invention patent meets the requirements after preliminary examination, it shall be published within 18 months from the date of application, and within 3 years from the date of application, the applicant may apply to the Patent Office for substantive examination. If no reason for rejection is found after examination, the administrative department for patent in the State Council may authorize the applicant to issue a patent certificate for invention. According to Article 26 of the Patent Law of People's Republic of China (PRC), an application for a patent for invention or utility model shall be submitted.

. Article 34 stipulates that 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 application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 39 stipulates that 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 a 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.

Legal basis:

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.

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.