(1) It takes about 3-6 months to get a patent certificate. The patent for utility model, also called small invention or small patent, is the object of patent right and the object of patent law protection, and refers to the utility model that should be granted patent right according to law. Utility model usually refers to a new practical technical scheme for the shape, structure or combination of products.
(2) It takes about 3-6 months for a design patent to obtain a certificate; It takes about 3-6 months for a utility model patent to obtain a certificate;
(3) It takes about 1-2 years to obtain a certificate for an invention patent. If China National Intellectual Property Administration agrees to give priority to the review, it shall close the case within the following time limit from the date of consent:
1, the application for a patent for invention shall notify the first examination opinion within 45 days and be closed within one year;
2, utility model and design patent application closed within two months;
3, the patent reexamination case closed within seven months;
4. The case of invalidation of the patent for invention and utility model shall be closed within five months, and the case of invalidation of the patent for design shall be closed within four months.
Second, the examination and approval procedures for the application for a patent for invention
(1) acceptance stage
After receiving the patent application, the Patent Office will examine it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. The application documents are not printed, printed, illegible or altered; Or drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the name or address of the applicant is not known in the request; Or the patent application category is unclear or uncertain, and the patent application sent directly by foreign units and individuals without foreign-related patent agencies will not be accepted.
(2) Preliminary review stage
If the accepted patent application pays the application fee in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the content of the examination belongs to the scope of not granting patent right, whether the obvious lack of technical content can not constitute a technical scheme, whether it lacks oneness, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or statements within the prescribed time limit. If no reply is made within the time limit, the application shall be deemed to be withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. Where an application for a patent for invention has passed the preliminary examination, a notice of passing the preliminary examination shall be issued. In addition to the above examination, the application for a patent for utility model and design shall also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination. Will directly enter the authorization instruction.
(iii) Publication stage
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 18 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.
(iv) Substantive review stage
After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure. If the applicant fails to make a request for real trial within three years from the date of application, or the request for real trial does not take effect, the application shall be deemed to have been withdrawn. In the actual trial process, whether the patent application is novel, creative and practical will be comprehensively examined. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected. The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application. If the substantive examination finds no reason for rejection, it shall enter the authorization procedure as required.
(v) Authorization stage
If the application for a patent for utility model or design is not found to be rejected after preliminary examination, and the application for a patent for invention has been substantially examined, the examiner will make a notice of authorization and apply for authorization to register. The Patent Office examines the legal effect and completeness of the authorized text, proofreads and modifies the description items of the patent application, and then issues a notice of authorization and a notice of registration. After receiving the notice, the applicant shall go through the registration formalities in accordance with the requirements of the notice and pay the prescribed fees within 2 months. If the registration formalities are completed on schedule, the Patent Office will grant a patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin two months later. Failure to go through the registration formalities in accordance with the provisions shall be regarded as giving up the right to obtain the patent right.
legal ground
Measures for the administration of patent priority examination
Article 10 If China National Intellectual Property Administration agrees to give priority to the examination, it shall close the case within the following time limit from the date of consent: the application for a patent for invention shall notify the first examination opinion within 45 days and close the case within 1 year; The application for a patent for utility model and design shall be closed within 2 months; Under special circumstances, if the applicant's reply is overtime or the case is complicated, the closing time will be affected.