In terms of authorization conditions, the invention patent requires novelty, practicality and creativity required by the patent law. Novelty means that the invention does not belong to the existing technology, and before the filing date, no unit or individual has filed an application for the same invention with the patent administration department of the State Council, and it is recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive characteristics and remarkable progress. Practicality means that the invention can be manufactured or used and can produce positive effects.
It takes about 30-36 months for an invention patent to be granted. The whole process includes five stages:
1, the stage of accepting an application for a patent for invention, within one month from the date of application;
2. The preliminary examination stage of the invention patent application, which lasts from the start date to about 18 months after the application date;
3. The publication stage of the application for a patent for invention begins about 18 months after the date of application (you can apply for early publication);
4, the application for a patent for invention, the time is from the start date to about 36 months after the application date;
5, the invention patent application authorization stage, the time is about two months after the applicant receives the authorization notice.
Legal basis: Article 24 of the Patent Law of People's Republic of China (PRC).
An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(a) When the country is in a state of emergency or an extraordinary situation, it shall be published for the first time for the purpose of public interest;
(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(3) It was first published at a specific academic conference or technical conference;
(4) Others disclose the contents of the application without the consent of the applicant.