1. How long does it usually take to accept a patent?
1. Appearance patent: After receiving the notification of acceptance from the Patent Office within five working days, the patent application number will be issued in about one week, which is the patent number of the patent certificate in the future. After receiving the Notice of Patent Authorization about five months from the date of application and paying the certificate fee as required, the Patent Certificate will be issued about two months. The whole application period is about half a year, and the validity period is 10 year (from the date of application).
2. Patent for utility model: A "patent acceptance notice" is received from the Patent Office in about one week, and the patent application number is given. From the date of application, I received the Notice of Authorization from the Patent Office about 12 months. After paying the certificate fee as required, the patent certificate can be issued in about two months. The whole application takes about one year, and the validity period is 10 year (from the date of application).
3. Invention patent: The patent application number will be issued in about one week, which is the later certificate patent number. It takes about three months to issue the notice of preliminary examination, about six months to enter the preliminary announcement, about nine months to enter the substantive examination, about 12 months to issue the notice of preliminary examination, about 18 months to issue the notice of second examination, about 22 months to authorize, and about two months to issue the certificate after paying the relevant certificate fee. The whole application period is about two years, and the validity period is 20 years (from the date of application).
Second, how is the patent application process stipulated?
(1) An application for a patent for invention
1. Approval process of invention patent application Patent application-acceptance-preliminary examination-publication-substantive examination request-substantive examination-authorization
2. Documents to be submitted when applying for a patent for invention
1) request: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc.
2) Description: including the name, technical field, background technology, invention content, attached drawings and specific implementation methods of the invention patent.
3) Claim: Explain the technical features of the invention, and clearly and concisely state the content to be protected.
4) Drawings in the specification: Invention patents often have drawings. If only words can describe the technical scheme clearly and completely, there is no need for drawings.
(2) An application for a patent for utility model
1. Approval process of utility model patent application Patent application-acceptance-preliminary examination-announcement-authorization
2. Documents to be submitted when applying for a patent for utility model
1) request: including the name of the utility model patent, the name of the inventor or designer, the name and address of the applicant, etc.
2) Description: including the name, technical field, background technology, invention content, drawings and specific implementation of the utility model patent. The contents of the manual should be written in detail, and the technical contents mentioned shall be subject to the realization after reading by ordinary technicians in this technical field.
3) Claim: Explain the technical features of the utility model, and clearly and concisely state the contents of the requested protection.
4) Illustration: The patent for utility model must have attached drawings.
5) Description summary: clearly reflect the technical problem to be solved by the invention, the main points and main uses of the technical scheme to solve this problem.
(3) An application for a patent for appearance
1. Patent Application for Appearance Patent Process-Acceptance-Preliminary Examination-Announcement-Authorization
2, the appearance patent documents to be submitted
Request: including the name of the design patent, the name of the designer, the name and address of the applicant, etc. Design pictures or photos: at least two groups of pictures or photos (front view, back view, top view, bottom view, left view, right view and, if necessary, stereoscopic view) Brief description of design: Brief description of design shall be submitted if necessary.
3. What are the ways to apply for a patent?
(1) Entrusting a patent agency recognized by the state to handle it.
(2) The applicant directly files an application with the State Patent Office of China.
The fact that the patent office has accepted the patent application of the parties concerned does not mean that it has obtained the patent right. In the process of examination, if it is found that it does not meet the statutory requirements or the relevant materials are incomplete, the patent certificate cannot be obtained. Patents enter the substantive examination stage, such as invention patents, which may take about two years to receive patent certificates.
legal ground
patent law of the people's republic of china
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. Article 34 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 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.