Legal analysis
Patents are divided into designs, utility models and invention patents. If there is no problem with the application materials, you can get the patent in almost one year, and you can also find public information online for patent authorization; If it is an invention patent, there is no data, there is no problem, you can authorize it, and you can get the certificate in one to three years. After the invention patent passes the general trial, there will be information disclosure on the Internet, but it does not mean that it will definitely pass. There may be one connection, two connections and three connections, and finally you can pass and authorize the patent without any problems in all the examinations. If a foreign applicant applies for a patent for the same invention in China within 12 months from the date when the foreign country first filed the patent application, he can enjoy the priority according to the agreement signed between his country and China or the international treaty to which * * * is a party, or according to the principle of mutual recognition of priority, that is, the date when he first filed his application in a foreign country is the filing date. An application for a patent for invention may, within three years from the date of filing, make a request for substantive examination of its application at any time. If the Patent Office finds no reason for rejection after substantive examination, it shall make a decision, make an announcement and notify the applicant. The period for an applicant to obtain a patent for invention is generally 10 to 20 years, counting from the date of application, and the annual fee will be paid from that year. If the applicant refuses to accept the decision of the Patent Office to reject the application, he may request a reexamination to the Patent Reexamination Board within three months. If you are not satisfied, you can also bring a lawsuit to the court within three months from the date of receiving the notice.
legal ground
patent law of the people's republic of china
Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed between that country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.
Article 30 Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of filing the first application. Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months. Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.