How long does it usually take for an invention patent to be authorized?
According to the provisions of China’s Patent Law, there are three types of patent applications that domestic and foreign applicants can file with the China Patent Office: invention patents, utility model patents and design patent applications; inventions and utility models are technological improvements. If you file an application, an invention patent application can protect product and method inventions; a utility model patent application does not protect method inventions, but only the improvement of the product and its structure; a design patent application only protects the appearance shape, pattern or combination of the product and its color. combination for protection. Invention patents take a long time to be authorized, usually three to five years, but because they need to go through the substantive examination process, the patent rights after patent authorization are very stable; utility model patents and design patents do not need to go through the substantive examination process, and are authorized faster. Utility models can generally be authorized 6 to 12 months from the date of application, and designs can generally be authorized about 6 months from the date of application |||Invention patents take longer to authorize, usually three to five years, but due to It needs to go through the substantive examination process, and the patent right after patent authorization is very stable; utility model patents and design patents do not need to go through the substantive examination process, and authorization is faster. Utility models generally can be granted within 6 months to 12 months from the date of application. Once authorized, the design can generally be authorized about 6 months from the date of application|||Invention patent authorization time is longer, usually three to five years, but because it requires a substantive examination process, the stability of the patent right after patent authorization Very high; utility model patents and design patents do not need to go through the substantive examination process and are authorized quickly. Utility models can generally be authorized 6 to 12 months from the date of application, and designs can generally be authorized within 6 months from the date of application. Authorizable|||Invention patent authorization takes a long time, usually three to five years, but because it needs to go through the substantive examination process, the patent rights after patent authorization are very stable; utility model patents and design patents do not need to go through the substantive examination process , authorization is faster. Utility models can generally be authorized within 6 to 12 months from the date of application, and designs can generally be authorized within 6 months from the date of application.
How long does it take for an invention patent to be granted from application
1. Authorization of invention patent
If no reason for rejection is found after preliminary examination and substantive examination of the invention patent application, The Patent Office will make an authorization decision, issue a patent certificate, and register and announce it. It takes about 3 to 5 years from application to authorization for an invention patent.
2. Authorization of Utility Model Patent
If no reason for rejection is found after preliminary examination of the utility model patent application, the Patent Office will make an authorization decision, issue a patent certificate, and register and announcement. It takes about 6 to 10 months from application to authorization for a utility model patent.
3. Authorization of design patent
If no reason for rejection is found after preliminary examination of the design patent application, the Patent Office will make an authorization decision, issue a patent certificate, and register and announcement. It takes about 6 to 8 months from application to authorization for a design patent.
After the invention patent is published (announced), how long does it take to authorize it (get the certificate)?
1. Generally speaking, it is said to be about 18 months, but it depends on the type. If it is chemistry, 10 to 20 years is not uncommon. In the past two years, the Patent Office has claimed to speed up the examination, but it seems that the actual examination is faster
2. The actual examination will issue a notice of examination opinions, and the applicant must reply and make a statement of opinions or modifications. If the reply cannot If accepted by the examiner, it is possible to issue a rejection. If the applicant does not want to give up, he can submit a reexamination request to the Patent Reexamination Board, state his opinions, and make modifications if necessary. If the reexamination decision upholds the rejection opinion, he can only leave. The court.
In the past, China's authorization rate was relatively high. I seem to have heard a figure of more than two-thirds (including review authorization), but I can't remember the specifics. Recently, I feel that the censors like to issue refutations very much, and they have to refute even major matters. . . Review more. . .
Okay, I said strictly.
China and the United States are different. The specific differences are also related to the foreign agent you choose, so the choice of foreign agent is also very important
How long does it take from application to authorization for an invention patent?
The total time from application to authorization for an invention patent is about 30 months, that is, about two and a half years. The time spent at each stage is as follows:
1. Acceptance stage, 2-3 working days;
2. Preliminary review stage, the technical field of the patent will be divided by the process part of the State Intellectual Property Office, and then assigned to the preliminary reviewer for review. It takes 3-5 months from the date of application; if there are no problems in the preliminary examination, a preliminary examination pass notice will be sent. If there are problems in the preliminary examination, an examination opinion or a correction notice will be issued.
3. In the publication stage, if an early disclosure application is submitted from the date of submission of the invention application, if the preliminary review is passed, it will be announced directly 3-5 months after the application date. If no early disclosure application is submitted, You need to wait until 18 months to make it public on your own.
4. In the substantive examination stage, after the patent passes the preliminary examination, if the substantive examination fee has been submitted, you need to wait for the National Intellectual Property Office process to assign an examiner for the substantive examination, which will take 8-20 months; the time is mainly Based on whether there are many examiners in the technical field of the case, whether there are too many squeezed cases, the number of examination opinions, and the response time. The substantive examination generally starts 12 months after the filing date to prevent the intermediate applicant from raising the priority and withdrawing the invention patent.
5. In the authorization stage, after passing the substantive examination, an authorization notice will be issued. It usually takes 3-4 months to get the certificate after the application is completed.
The total examination time is generally about 30 months. The fastest one can get the certificate is 24 months, and the slower one can get the certificate in more than 40 months.