First, the application period of invention patent
1, the general invention patent was published 8 months after the filing date/kloc-0. If the actual trial is put forward after publication, it is generally authorized after the second pass, which is more than two years. In short, it depends on the specific case and the examiner. The law does not limit the review time, but only the applicant's defense time (four months for one time and two months for two times).
2. It can also be made public in advance at the time of application, which will be faster, but it will not be authorized before 18 months at the earliest. According to practical experience, under smooth circumstances, the application for invention patent generally takes about 1~2.5 years; According to the different patent application technology and application documents, if it is necessary to make many corrections or state opinions, the examination time will be extended accordingly, and the longest time will even take 7-8 years.
Second, the process of applying for a patent for invention
Step 1: Before applying for a patent for invention, you need to prepare all the materials for applying for a patent, which mainly include: the request for a patent for invention, the specification (if the specification has drawings, it should be submitted), the patent claim and the abstract (if necessary, it should have drawings). Then, submit it to the patent office.
Step 2: Acceptance stage of the application for a patent for invention. The Patent Office will examine the application after receiving it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. The application documents are not printed, printed, illegible or altered; Or drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the name or address of the applicant is not known in the request; Or the category of patent application is unclear or uncertain, and the patent application directly sent by foreign units and individuals without the patent agency will not be accepted.
Step 3: The patent application accepted in the preliminary examination stage will automatically enter the preliminary examination stage if the application fee is paid according to the regulations. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of the patent law that does not grant the patent right, whether the obvious lack of technical content does not constitute a technical scheme, whether it lacks singularity, whether the application documents are complete and whether the format meets the requirements.
Step 4: Publication stage: The invention patent application enters the publication stage from the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 18 months after the application date.
Therefore, it is not surprising that an invention patent takes such a long time from birth to growth and then to full maturity. The above is the relevant information about the application cycle and process of invention patent collected by Intellectual Property. For more information, please consult Intellectual Property!
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