How long does it usually take to apply for a patent in China?

How long does it usually take to apply for a patent in China? According to the Patent Law of People's Republic of China (PRC), the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not undergo early publication and substantive examination in the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization. Because the time of patent substantive examination is uncertain, it depends on the content of the invention, the examiner's understanding of the invention, the examiner's work arrangement and the time for the documents to travel back and forth between the examiner and the applicant or his agent, so it is hard to say how long it will take for a patent application.

For general applications (non-special fields), the general approval time is:

The approximate time from application to authorization of an invention patent is about 26-38 months, which is about 2-3 years.

The approximate time from application to authorization of utility model/appearance patent is about 5-8 months, which is about 0.5-1 year.

Combined with the examination and approval procedures of invention patents, the regular time rules are as follows:

1. Submit patent application documents to the Ministry of Justice (1 day)

At present, it is generally submitted electronically. Patent applicants or agents may submit electronic application documents to the State Information Bureau online after going through the relevant formalities.

2. Acceptance by the National Information Bureau (3-5 working days)

3-5 working days after the patent application documents are submitted to the State Information Bureau, the State Information Bureau will issue a notice of acceptance.

3. Preliminary review (about 3 months)

Generally, the application date is about 3 months. After the invention patent has passed the examination, a notice of preliminary examination will be issued, and it will enter the next stage. If the examination is unqualified, a notice of correction or examination opinions shall be issued. The utility model and design patents pass the examination and issue a notice of authorization, and those that fail to pass the examination issue a notice of correction or a notice of examination opinions. For the notice of correction or review, the applicant needs to complete the reply within the official time limit.

4. Publication of the invention patent (18 months from the date of application, or 5-6 months from the date of application if it is published in advance).

Invention patents are published from the default filing date (the earliest priority date) 18 months.

5. Substantive examination (generally, the request is made within 3 years from the date of application, and it is made at the time of general application. After the disclosure, it will enter the actual trial, and the actual trial time is 6- 18 months).

6 authorization and authorization announcement (published within 2 months)

The utility model or design patent can be authorized after 3-6 months of preliminary examination. A patent for invention may be granted after it has passed the substantive examination. Pay the authorized personnel fee and go through the registration formalities within 2 months from the date of authorization notice.

7. Issue patent certificates

Only when the applicant obtains the patent certificate can the patent application process be completely completed.

In short, the patent application time is long or short, fast or slow. If you want to get patent consultation as soon as possible, find a high-level patent agency ~

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