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 immediately 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.
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.
If the application for a patent for invention is rejected after preliminary examination and substantive examination, the Patent Office shall make an authorization decision, issue a patent certificate, register and announce it. It takes about 3-5 years for an invention patent to be applied for and authorized.
Patent protection means that after the patent right is granted, the invention shall not be commercially manufactured, used, promised to be sold, sold or imported without the consent of the patentee. After the patent right is infringed, the patentee protects the patent right through negotiation, requesting the patent administration department to intervene or litigation. Different fields have different ways of patent protection.
legal ground
patent law of the people's republic of china
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Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
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This Law is formulated with a view to protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.