Invention patents mainly go through the following procedures:
1. Application
2. Preliminary examination
3. Publication
4. Substantive review - If there are no corrections to the review materials and the technical content is not very complicated, a power of attorney will be issued in about one year and the certificate will be announced in about three months. It is hard to say in other cases.
5. Authorization
Substantial examination stage: After the invention patent application is published, if the applicant has submitted a substantive examination request and it has taken effect, the applicant will enter the substantive examination procedure. If the applicant has not submitted a request for substantive examination within three years from the date of application, or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
During the actual examination, a comprehensive review will be conducted on whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the authorization conditions are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn. The application still does not meet the requirements after multiple replies. , be dismissed. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn.
If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations. :
Authorization stage: After preliminary examination of utility model and design patent applications and no reason for rejection is found after substantive examination of invention patent applications, the examiner will issue an authorization notice and the application will enter the authorization registration preparation. After reviewing the legal validity and completeness of the text, and proofreading and revising the bibliographic items of the patent application, the Patent Office issues an authorization notice and a registration formality notice.
After receiving the notice, the applicant shall Complete the registration procedures and pay the prescribed fees in accordance with the requirements of the notice within 2 months. If the registration procedures are completed on time, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and register it in the patent registration book after 2 months. It is announced in the gazette that failure to complete registration procedures as required will be deemed to have given up the right to obtain patent rights.
Invention patent application Baidu Encyclopedia