How long does it take to apply for a design patent?

It takes eighteen months to apply for a design patent. According to the relevant laws and regulations, when applying for a patent for design, documents such as request, specification, abstract and claim shall be submitted. The patent administrative department of the State Council shall conduct a preliminary examination, and if it meets the requirements, it shall be published within 18 months from the date of application. And issue the corresponding patent certificate.

legal ground

Article 26 of the Patent Law, which came into effect on 202 1 June1day.

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

Article 34

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.

Article 40

If the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.