Patents can be made public in advance. According to Article 34 of China's Patent Law, the invention application shall be published 18 months from the date of filing (from the priority date if there is priority). At the same time, the patent law stipulates that the applicant may request the publication of his application in advance. If the applicant requests to publish the application in advance, it will be published immediately after the preliminary examination is passed. In practice, this time is usually 4-6 months.
Benefits of patent disclosure in advance
1. Shorten the review cycle and speed up the review progress.
2. Get temporary protection as soon as possible.
3. After the invention application is made public, it can affect the creativity of others' later application.
The disadvantages of early announcement mainly include the following points:
1. The application period is shortened, and it may be authorized or rejected as soon as possible.
2, let others know their technical content earlier.
3. After the invention application is made public, it can affect the creativity of others' later application, and of course it can also affect the creativity of their own later application.
4. Early publication reduces the chances for applicants to voluntarily withdraw their applications.
5. premature publication may make the application for invention patent lose the opportunity to enter foreign countries.