A utility patent application takes 4 to 8 months.
The application process is as follows:
1. The application documents for utility model in the application stage should include: utility model patent request, description, description drawings, claims, abstract and its summary Picture attached. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted.
2. During the review stage, China implements a preliminary review system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction for formal issues in the application documents and a notice of examination opinion for obvious substantive issues, and the applicant will respond to the notice.
3. In the authorization stage, after the authorization passes the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures and pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
Applicants for issuance of certificates can obtain patent certificates after completing the registration procedures. This period is about 2-3 months.
Utility model patent is one of the three types of patents (invention, utility model and design). Utility model refers to a new invention proposed for the shape, structure or combination of a product that is suitable for practical use. technical solutions. The patent law requires utility models to have lower creativity and technical requirements than invention patents, but they have greater practical value. In this sense, utility models are sometimes also called small inventions or small patents.
When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date.
If an application for an invention patent has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified time limit the information retrieved by that country for the purpose of examining the application or the information on the examination results; if the application is overdue without justifiable reasons, If not submitted, the application will be deemed withdrawn.
Legal Basis
"Patent Law of the People's Republic of China"
Article 34 After receiving the invention patent application, the patent administration department of the State Council shall If it is determined after preliminary examination that it meets the requirements of this Law, it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.