Is the patent a public patent?

Open patents generally enjoy patent rights. Unless the patentee voluntarily gives up. According to the relevant laws and regulations, after receiving an application for a patent for invention, the patent administrative department of the State Council, after preliminary examination, finds that it meets the requirements, and shall publish it within 18 months from the date of application. After the publication of the application, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.

legal ground

Article 34 of the Patent Law 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 filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Article 13 After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploited the invention to pay an appropriate fee.