It usually takes more than 18 months to apply for an invention patent. If quick review is needed, the fastest authorization is 12 months. For invention patents, the Patent Office needs to conduct substantive examination. If it passes the examination, the patent office needs to grant a patent authorization within a certain period of time. Generally speaking, it is usually 6- 18 months. If there is no problem, it may be authorized in less than one year. But there is no guarantee that it will be authorized, because novelty, creativity and other issues will be reviewed in the substantive examination stage. If there are some substantial defects that cannot be modified, or if the conditions of authorization cannot be met after modification, it may be rejected. For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, actual examination and authorization announcement. In general, it will be announced within 65,438+08 months after acceptance, and then the actual examination stage. It usually takes about 3 years to get authorization, but it does not rule out a longer time. In order to speed up the time limit for obtaining the patent right, we can apply for publicity in advance, so that it can be made public after passing the preliminary examination, and then enter the actual trial stage, which can speed up the progress of authorization. In addition, in some special circumstances, it may be required to speed up the audit, but the procedures are more complicated and the cost will be higher.
legal ground
Article 28 of the Patent Law of People's Republic of China (PRC) The date when the patent administrative department of the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed between that country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.