0 1 Will the invention patent be published?
1, the disclosure of patented technology is under the protection of patents. In the process of examination and approval, disclosure can prevent similar patent applications from being authorized, so invention patents must be disclosed. Once the invention patent is made public, that is, within the scope of public access, it can avoid the occurrence of similar patent applications at the same time.
2. According to Article 34 of the Patent Law of People's Republic of China (PRC), after receiving an application for a patent for invention, the Patent Office shall publish it within 18 months from the date of application, if it finds that it conforms to the provisions of this Law after preliminary examination. The patent administration department of the State Council may publish its application as soon as possible upon the request of the applicant. The published contents are basically the information and contents of the application documents. The Patent Office may publish its application at an early date upon the request of the applicant.
How long does it take for an invention patent to be published and authorized?
1. Patent application, disclosure and authorization are in a certain order. First, a patent application must be made. Patent application refers to the submission of patent application documents in China National Intellectual Property Administration, and it is usually best to entrust a professional patent agency. After the patent application is reviewed in China National Intellectual Property Administration, it will be made public after a period of time. This is called patent disclosure. Generally, the time from patent application to patent publication is 18 months.
2. The invention patent needs the same process from disclosure to authorization. After passing the substantive examination, it will enter the substantive examination stage. The time for substantive examination is the time from disclosure to authorization of the invention patent, which is generally 15-24 months. According to the specific circumstances, you can apply for publicity in advance, and this application needs to be carried out about one year in advance.
What is the process of invention patent from application to disclosure to authorization?
The application process of invention patent: patent application-acceptance-preliminary examination-publication-substantive examination request-substantive examination-authorization. It includes two important stages: preliminary examination and review.
Invention patent from application to publication (preliminary examination);
Preliminary examination (about 6 months): After submission to the Patent Office, there will be an acceptance notice with the patent number on it. After submission, it will enter the preliminary examination stage. After passing the preliminary examination about 6 months from the date of submission, the invention patent will be publicly applied. If the application is made public and substantive examination is conducted, the invention patent can enter the substantive examination procedure as soon as possible.
Invention patent from disclosure to authorization (real trial);
Actual trial (about 10-20 months): after the invention patent is published, it is generally authorized twice to examine the practicality, novelty and creativity of the patent in the actual trial. The law does not limit the examination time, but only the applicant's defense time. If there is any problem in the middle, just look at the notice of opinion. When you apply for an invention patent, you can also make it public in advance and conduct a real trial, which will be faster, but the authorization will not be earlier than 18 months at the earliest.
In a word, the invention patent may not be authorized after it is published. After the publication of the patent, if the applicant applies for substantive examination and meets the authorization conditions, the invention patent shall be granted. Whether or not to authorize depends on the results of substantive examination.
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