First, the difference between patent application and patent authorization
(1) Different subjects: the subject of a patent application is the applicant, that is, the finisher or owner of a certain technology; The subject of patent authorization is the national patent administration department, which refers to China National Intellectual Property Administration in China.
(2) The links are different: the patent application must come first, and the authorization comes later, and the application is the premise of authorization.
(3) Different rights status: at the time of application, the patent right did not exist; At the time of authorization, the status of rights is certain, patented and protected by law.
Second, how long will the patent application be made public?
After the patent application, if it is not required to be published in advance, it will generally be published after 18 months. According to the law, after receiving a patent application, the State Council Patent Administration Department can publish it after 18 months from the date of application if it meets the requirements after preliminary examination.
According to the provisions of Article 34 of the Patent Law of People's Republic of China (PRC), after receiving an application for a patent for invention, the patent administration department in the State Council, after preliminary examination, considers that it conforms to the provisions of this Law, and shall publish it 18 months after 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 stipulates that within three years from the date of filing, the patent administration department in the State Council may, 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
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.
Third, the basic conditions for applying for a patent
Patent application should have three conditions: novelty, creativity and practicality, which are indispensable.
(1) Novelty: It means that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was applied to the Patent Office by others and recorded in the patent application documents published after the filing date.
(2) Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
(3) Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Here, you can apply for a design patent as long as it is novel. The novelty mentioned here should be different from or similar to the design that has been published in domestic and foreign publications or publicly used at home and abroad before the filing date.
The related contents of the difference between patent application and invention patent application are briefly introduced here. There are still some differences between patent application and patent authorization. After the patent application, the patent right can be obtained, and after the patent is authorized, the right to use the patent can be obtained. If you have any patent problems, I suggest you consult a professional intellectual property consultant, and we will serve you wholeheartedly.
Patent application process invention patent application