Whether an invention meets the requirements of invention patent and the standards of authorized protection requires the applicant to provide written materials and submit them to the Patent Office for examination. This review includes acceptance stage, preliminary review stage, public stage, substantive review stage and permission stage. Each stage has its own tasks to complete, and the harder the task, the longer the time. Generally speaking, after completing this process, you can apply for an invention patent in about 2-3 years.
In the process of applying for an invention patent, we will encounter various situations, which may delay the time needed to apply for an invention patent. For example, the application materials are not standardized and need to be revised after submission. Another example is that the audit process needs to be revised, and the results have been revised many times, and each revision takes a long time. So not all invention patents can be applied within 2-3 years.
Friends who are eager to use the invention patent certificate should try to save time in the process of applying for the invention patent, such as:
1, apply for expediting;
2. If the application materials are poorly written and the application process is unfamiliar, find a professional to write or handle them;
3. Make it public in advance.
For example, it is useless to evaluate the title of an invention patent, because the patent certificate is one of the necessary conditions for adding points to the title of an invention patent.
It takes six to eight months to apply for a design patent, 10 months to 1 year to apply for a utility model patent, and two to three years to apply for an invention patent. Both utility model patents and invention patents need to be submitted to the patent office together with written patent application documents such as the request, the claim and the specification.
Legal basis: Paragraph 1 of Article 26 of the Patent Law.
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
Article 40
If the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.