First of all, a patent application must be made. Patent application refers to the submission of patent application documents to China National Intellectual Property Administration, and it is usually better to entrust a professional patent agency.
After applying for a patent, it will be disclosed to the public after a period of time after being examined by China National Intellectual Property Administration. This is called patent disclosure. Generally, the time from patent application to patent publication is 18 months.
Finally, after the publication of patents, after substantial examination in China National Intellectual Property Administration, patents that meet the authorization conditions can be authorized. After authorization, the patent has legal effect.
Extended data:
1, classification of patents
Patents are divided into valid patents and invalid patents according to the ownership of the owner.
Generally speaking, a valid patent refers to a patent that is still in a valid state after the patent application is authorized. In order to make the patent in a valid state, the patent right is still within the legal protection period, and the patentee also needs to pay the annual fee according to the regulations.
After an application for a patent is authorized, it is called an invalid patent because it exceeds the statutory protection period, or because the patentee fails to pay the annual patent fee in time, or any individual or unit requests to declare the patent invalid, and it is determined by the Patent Reexamination Board and declared invalid. Invalid patents are no longer binding on the use of the technology involved.
2. Type of patent
The types of patents have different regulations in different countries. In China's patent law, there are: invention patent, utility model patent and design patent; In Hongkong patent law, there are: standard patent (equivalent to Chinese mainland's invention patent), short-term patent (equivalent to Chinese mainland's utility model patent) and design patent; In some developed countries, it is divided into invention patents and design patents.
Baidu encyclopedia-patent