It takes about 2 years from application to authorization for invention patents, and 8 to 10 months for utility models and designs.
An application for a patent for invention needs five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model or design, there is no need for publication and substantive examination, but only three stages: acceptance, preliminary examination and authorization.
1. Application phase
The application documents for a patent for invention shall include: the request for a patent for invention, the specification (if the specification has attached drawings, it shall be submitted), the patent claim and the abstract (if necessary, the abstract shall have attached drawings). Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage
(1) Preliminary review:
(II) Substantive review
(3) Authorization
The applicant needs to go through the registration formalities after receiving the notice of granting the patent right. The applicant shall pay the patent registration fee, authorized annual fee and announcement printing fee within the prescribed time limit, and pay the stamp duty on the patent certificate. The applicant can obtain a patent certificate after going through the registration formalities.