The difference between patent authorization and acceptance

Legal analysis: Patent acceptance and patent authorization are different states in the process of patent application. If a patent wants to apply for authorization, it must be accepted first, which does not mean that the acceptance notice is received, which means that the project review is successful. Patent acceptance means that the patent application is accepted, which is only the first step to obtain patent authorization. Generally speaking, after the applicant submits the patent application documents, the Patent Office makes a preliminary judgment on the application documents and the invention content to see whether there are necessary missing documents and whether the invention content corresponds to the type of patent applied for. If everything meets the requirements, the Patent Office will issue an acceptance notice, which records the date and number of the patent application. At this time, it only shows that the patent application has been accepted and is ready to enter the next step of examination. Patent authorization means that the patent application has been examined and approved, and the patent right has been granted. It means that the patent authorization notice will be issued only after the patent application is accepted and examined, and the patent applicant will go through the registration and payment procedures. After the formalities are completed, the Patent Office will make and issue certificates.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.

Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.

Article 40 If the application for a patent for utility model or design is not found to be 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.