1. It takes at least 6 months to apply for a utility model patent. 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.
2. Legal basis: Article 22 of People's Republic of China (PRC) Patent Law.
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was 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 features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
2. What are the application conditions for the invention patent?
The application conditions for invention patents are as follows:
1, the invention or utility model is novel, creative and practical;
2. The invention for which a patent is applied is a new technical scheme for a product, method or its improvement;
3. The applicant is qualified;
4. Other application conditions for invention patents.