How often does the patent pass after it enters the actual trial?

It usually takes 12 to 18 months to enter the actual trial. The time to enter the substantive examination is within three years from the date of application. The request for substantive examination shall be filed within three years from the date of application, and the substantive examination fee shall be paid within this time limit. What needs to be noticed by the parties is that if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be regarded as withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.

The process of patent application:

1. It usually takes 20 days to one month to provide the disclosure letter and entrust an agency to write the application documents (this step can be omitted if there is no entrusted agency);

2. Submit the application documents, get the notification of acceptance from the Patent Office, determine the application date, and submit an early public statement and request substantive examination on the day of submission, which can speed up the examination process;

3. The Patent Office will formally review the patent application documents for about 2-3 months, and enter the public preparation stage after the first trial is passed;

4. It takes about 6-8 months for the Patent Office to publish the invention application documents;

5. The time for the Patent Office to substantially examine the invention patent documents is about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, namely novelty, creativity and practicality (entrusting the agency to communicate with the agency to determine the appropriate scope of protection of the invention), and this communication can be repeated many times until it is revised to the satisfaction of the examiner;

6. Letter of authorization issued by the Patent Office;

7. The applicant shall go through the formalities for obtaining the patent certificate;

8. The whole process of obtaining a patent certificate after about 2-3 months lasts about 2.5 to 3 years, and the specific time depends on the examination speed of the examiner and the informative degree of the applicant's public materials.

Why was the application for a patent for invention rejected in the substantive examination?

1. The description of the application does not give a clear and complete description of the invention and creation; The patent claim applied for is not based on the specification, indicating the scope of patent protection;

2. The subject of the application is not invention;

3. The subject matter of the application does not meet the requirement that only one patent can be granted for the same invention-creation;

4. The theme of the application is not novel, creative and practical;

5. The applicant is not the first patent applicant for the invention;

6. The applicant violates national laws, social ethics or damages public interests; The application subject belongs to the technical field that has not been granted patent right;

7, the theme of the application does not meet the requirements of the application for a patent for invention;

8. The modification of the application documents or divisional applications is beyond the scope recorded in the original specification or claims; The facts, reasons and legal basis on which the rejection decision is based shall be discussed in detail. In the decision part, the reasons for rejection are stated, and according to the provisions of Article 38 of the Patent Law, the conclusion of rejecting the application is reached.

Legal basis: Article 4 of the Patent Law of People's Republic of China (PRC). Where the invention-creation for which a patent is applied involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.