1. How long does it take for the effective authorization of patent substantive examination to take effect?
(1) An invention patent needs to go through five stages: acceptance, preliminary examination, publication, actual examination and authorization. It takes about 18 months from acceptance to publication, and about 1 to 2 years from actual review to authorization.
(2) For utility model patents and design patents, the examination and approval only needs to go through three stages: acceptance, preliminary examination and authorization, generally within 6 months.
2. Legal basis: Article 34 of People's Republic of China (PRC) 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 application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
2. What are the patent rights?
1, exclusive execution right. Without the permission of the patentee, no unit or individual may exploit its patent. The obligee can exclusively manufacture patented products, exclusively use patented technology and exclusively sell patented products;
2. Turn right. The obligee has the right to transfer the patent right he has obtained to others, but the transfer of the patent right to foreigners requires the approval of the relevant departments;
3. License enforcement right. The obligee may authorize others to exploit the patent and charge a certain fee;
4. Mark to the right. The patent mark and patent number can be marked on the patented product and its packaging;
Step 5 ask for protection. In case of patent infringement, have the right to request the people's court and the patent administration department to stop the infringement;
6. The right to abstain. You can give up your patent right in writing;
7. Pledge right. You can pledge your own patent right for financing.