The procedure of invention patent from application to authorization;
1, provide disclosure and entrust an agency to write application documents;
2. Submit the application documents, obtain the notification of acceptance from the Patent Office, determine the application date, and submit an early public statement and request substantive examination on the date of submission;
3. The Patent Office will formally review the patent application documents for about 2 to 3 months, and enter the public preparation stage after the first trial is passed;
4. It takes about 6 to 8 months for the Patent Office to publish the invention application documents;
5. The time for the Patent Office to substantially examine the invention patent documents is about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, namely novelty, creativity and practicality (entrusting the agency to communicate with the agency to determine the appropriate scope of protection of the invention), until it is revised to the satisfaction of the examiner;
6. Letter of authorization issued by the Patent Office;
7. The applicant shall go through the formalities for obtaining the patent certificate;
8. Get the patent certificate about 2 to 3 months later;
The whole process lasts about two and a half to three years, and the specific time depends on the speed of the examiner's review and the informative degree of the applicant's disclosure.
An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Legal basis: Article 42 of the Patent Law of People's Republic of China (PRC).
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.