How long will it take to apply for an emergency invention patent?

Generally speaking, it takes about 3 years to apply for a patent for an invention. General invention patents will be published after 18 months from the date of filing. If a real test is put forward after publicity, it is generally authorized after two passes, which is more than two years.

In short, it depends on the specific case and the examiner. The law does not limit the review time, but only the applicant's reply time (four months for one phone call, two months and beyond).

You can also apply publicly in advance for a real trial, which will be faster, but the authorization will not be earlier than 18 months at the earliest. Even if the internal audit is completed within 18 months, the authorization will wait until 18 months, because the problem of application conflict will be considered.

Legal basis: Article 34 of the Patent Law of People's Republic of China (PRC). 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 within 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.