Generally 6- 18 months. If there is no problem, it may be authorized in less than one year. But there is no guarantee that it will be authorized, because novelty, creativity and other issues will be reviewed in the substantive examination stage. If there are some substantial defects that cannot be modified, or if the conditions of authorization cannot be met after modification, it may be rejected. For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, actual examination and authorization announcement. In general, it will be announced within 65,438+08 months after acceptance, and then the actual examination stage. It usually takes about 3 years to get authorization, but it does not rule out a longer time. In order to speed up the time limit for obtaining the patent right, we can apply for publicity in advance, so that it can be made public after passing the preliminary examination, and then enter the actual trial stage, which can speed up the progress of authorization. In addition, in some special circumstances, it may be required to speed up the audit, but the procedures are more complicated and the cost will be higher. As far as utility model and design are concerned, it needs to go through the stages of acceptance, preliminary examination and authorization announcement. Because there is no need for substantive examination, the time for authorization of utility models and designs is relatively short, generally 6- 10 months.
Legal objectivity:
1 20265438 Article 26 of the Patent Law, which came into effect in June, 2002, where an applicant applies for a patent for invention or utility model, he shall submit the request, specification, abstract, patent right and other documents. 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. Article 39 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.