6- 18 months. Because in the substantive examination stage, it usually takes one or more different examinations and defenses, the actual time for each patent to be authorized is different. It takes about three years for an invention patent to be patented. The invention patent will be published after 18 months from the date of filing. If a real trial is made public, it will generally be authorized after the second pass, which will take almost two years, depending on the specific case and the examiner. The law does not limit the examination time, but only the applicant's defense time (four months for one pass, two months for the second pass, and two months later). You can also apply publicly in advance for a real trial, which will be faster, but the authorization will not be earlier than 18 months at the earliest. Even if the internal audit is completed within 18 months, the authorization will wait until 18 months, because the problem of application conflict will be considered. In addition, the invention patent is not protected before publication, that is, it is temporary protection from the date of application to the date of implementation by others during the publication period, and can be traced back after authorization, that is, if the application is not authorized in the end, it will not be protected until it is authorized. Therefore, it is not accepted or protected.
legal ground
patent law of the people's republic of china
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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
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.