I. Authorization of invention patent
If the application for a patent for invention is not rejected after preliminary examination and substantive examination, the Patent Office shall make an authorization decision, issue an exclusive access certificate, and register and announce it. It takes about 3-5 years for an invention patent to be applied for and authorized.
Two. Authorization of utility model patent
If the application for a patent for utility model is rejected after preliminary examination, the Patent Office shall make an authorization decision, issue a patent certificate, register and announce it. It takes about 6 ~ 10 months to grant the utility model patent.
Three. Authorization of design patent
If the application for a patent for design is rejected after preliminary examination, the Patent Office shall make an authorization decision, issue a patent certificate, register it and announce it. It takes about 6 ~ 8 months from application to authorization of design patent.
How long does it usually take to authorize an invention patent?
According to the provisions of China's patent law, there are three kinds of patent applications that domestic and foreign applicants can file with China Patent Office: invention patent, utility model patent and design patent application; Inventions and utility models are applications for technical improvement, and applications for invention patents can protect product and method inventions; The application for a patent for utility model does not protect the method invention, but only protects the product and the improvement of its structure; An application for a patent for design only protects the appearance, shape, pattern or their combination and the combination with color of the product. Invention patents are granted for a long time, usually three to five years, but the granted patents are highly stable due to the need for substantive examination procedures; Patents for utility models and designs can be granted quickly without going through substantive examination procedures. The general utility model can be authorized within 6 months to 12 months from the date of application, and the design can be authorized about 6 months from the date of application. ||||| Invention patents take a long time, usually three to five years. However, due to the need to go through substantive examination procedures, the authorized patents are highly stable. Patents for utility models and designs can be granted quickly without going through substantive examination procedures. The general utility model can be authorized within 6 months to 12 months from the date of application, and the design can be authorized about 6 months from the date of application. ||||| Invention patents take a long time, usually three to five years. However, due to the need to go through substantive examination procedures, the authorized patents are highly stable. Patents for utility models and designs can be granted quickly without going through substantive examination procedures. The general utility model can be authorized within 6 months to 12 months from the date of application, and the design can be authorized about 6 months from the date of application. ||||| Invention patents take a long time, usually three to five years. However, due to the need to go through substantive examination procedures, the authorized patents are highly stable. Patents for utility models and designs can be granted quickly without going through substantive examination procedures. The general utility model can be authorized within 6 months to 12 months from the date of application, and the design can be authorized about 6 months from the date of application.
How long will it take for the invention patent to be granted?
The total time from application to authorization of an invention patent is about 30 months, which is about two and a half years. The time spent in each stage is as follows:
1, acceptance stage, 2-3 working days;
2. In the preliminary examination stage, the technical field of the patent is first divided by the Technology Department of the State Information Bureau, and then distributed to the preliminary examination personnel for examination, which takes 3-5 months from the date of application; After there is no problem in the preliminary examination, a notice of passing the preliminary examination will be issued. If there is a problem in the preliminary examination, a review opinion or a notice of correction will be issued.
3. In the publishing stage, if the invention application is submitted in advance from the date of submission, it will pass the preliminary examination, that is, it will be published directly within 3-5 months from the date of application. If the invention application is not submitted in advance, it will take 18 months.
4. In the substantive examination stage, after the patent has passed the preliminary examination, if the substantive examination fee has been submitted, it will take 8-20 months for the National Information Bureau to allocate it to the examiner for substantive examination; The time spent mainly depends on whether there are many examiners in the technical field of the case, whether there are many cases squeezed, the number of times to review opinions and the time to reply. The time when the substantive examination begins is generally 12 months after the filing date, so as to prevent the intermediate applicant from withdrawing the invention patent through priority.
5. In the authorization stage, after the substantive examination is qualified, an authorization notice will be issued, and it usually takes 3-4 months to get the certificate.
It takes about 30 months, 24 months and more than 40 months to get the certificate.
References:
Sipo.gov/, China National Intellectual Property Administration public content.
After the invention patent is published (announced), how long will it take to authorize (obtain a license)?
1. Generally speaking, it will be around 18 months, but it depends on what kind. If it is chemistry, 10 years and 20 years is not unusual. In the past two years, the patent office claimed to speed up the examination, and it seems that the actual examination is faster.
2. The actual trial will send a notice of examination opinions, and the applicant must reply, make an opinion statement or modify it. If the reply cannot be accepted by the examiner, it is possible to issue a rejection, so that if the applicant is unwilling to give up, he can make a request for reexamination to the Patent Reexamination Board, state his opinions and make amendments when necessary. If the retrial decision is upheld, he can only go to court.
Previously, the domestic authorization rate was relatively high. It seems that I have heard more than two-thirds of the figures (including review authorization), but I don't remember the details. Recently, I feel that the examiner likes to post rebuttal articles, so I need to refute something bigger. . . Review more. . . Okay, I'll be strict.
China and the United States are different, and the specific differences are related to the foreign generation you choose, so the choice of foreign generation is also very important.
How long will it take for the invention patent to be granted?
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.
As far as utility model and design are concerned, it needs to go through the stages of acceptance, preliminary examination and authorization announcement. Because there is no need for substantive examination, the time for authorization of utility models and designs is relatively short, generally 6- 10 months.
How long does it usually take for an invention patent to be published and authorized?
1. Generally speaking, it will be around 18 months, but it depends on what kind. If it is chemistry, 10 years and 20 years is not unusual. In the past two years, the patent office claimed to speed up the examination, and it seems that the actual examination is faster.
2. The actual trial will send a notice of examination opinions, and the applicant must reply, make an opinion statement or modify it. If the reply cannot be accepted by the examiner, a rejection decision can be sent, so that if the applicant is unwilling to give up, he can make a reexamination request to the Patent Reexamination Board, state his opinions and make amendments if necessary. If the review decision is to uphold the rejection, he can only go to court.
Previously, the domestic authorization rate was relatively high. It seems that I have heard more than two-thirds of the figures (including review authorization), but I don't remember the details. Recently, I feel that the examiner likes to post rebuttal articles, so I need to refute something bigger. . . Review more. . . Okay, I'll be strict.
China and the United States are different, and the specific differences are related to the foreign generation you choose, so the choice of foreign generation is also very important.
How long does it take from the actual trial to the authorization of the patent?
I'll tell you the steps of the invention, just to review. You can make a reference.
1. What is the examination and authorization process of invention patents?
China's patent law stipulates that the application for a patent for invention shall be subject to the system of early publication and request examination. The complete examination procedure of an application for a patent for invention includes three stages: preliminary examination, substantive examination and patent grant. An application for a patent for invention must go through these three stages before it can be approved.
The preliminary examination stage includes accepting patent applications, collecting patent fees, examining classification and obvious defects, examining formats and publishing patent applications. The substantive examination stage includes the start of the substantive examination procedure, the verification of the application documents, the preparation and retrieval of the substantive examination, the substantive examination and the issuance of the first notice of examination opinions, the applicant's reply, modification and the examiner's continued examination, and the examiner will issue a notice of granting the patent right on behalf of China National Intellectual Property Administration. The authorization stage includes China National Intellectual Property Administration's two authorization registration notices, applicant registration, China National Intellectual Property Administration's authorization decision, patent certificate issuance and registration, and China National Intellectual Property Administration's decision to grant patent right. A few applications may have to go through revocation procedures and/or invalid procedures after being authorized.
The applicant must pay attention to all aspects of payment, and reply to China National Intellectual Property Administration's rectification notice in time, so as to facilitate the smooth progress of patent application examination. Of course, the applicant has the right to withdraw his patent application at any time. The technology patent application has been authorized, and the patentee can also give up the patent right.
Second, how long does it take to apply for an invention patent?
According to the provisions of China's patent law, if China National Intellectual Property Administration, after receiving an application for a patent for invention, considers it to be in conformity with the provisions of the patent law after preliminary examination, it will be published 18 months after the date of application. Therefore, an application for a patent for invention is generally published within 18 months from the date of filing. Because the patent bulletin is published regularly, and the layout of the bulletin is limited, especially the number of patent applications in China is increasing year by year, and the number of examiners in China National Intellectual Property Administration is limited, and there are reasons in the review process, this work may sometimes be postponed.
How long does it take to apply for a patent from the announcement date to the authorization date?
If the materials are provided well, the writing time of the utility model patent is about 1-3 days. If you need to communicate back and forth, it will take longer. You can hand it in when you finish writing and get the admission notice.
You will receive authorization notice after 4-6 months from the delivery date.
After paying the fee, it will take more than 2 months to get the certificate. Total * * * is about 6 months.
After designing and providing drawings, it can be declared on the same day and authorized in 3-4 months. Issue a certificate more than 2 months after paying the money. It will take about six months altogether.
The time of the invention patent is uncertain. If it is required to be disclosed in advance, the authorization time will exceed 1 year or two years. If it is not required to be made public in advance, there are also 4-5 years of authorization, and there are more than 6 years, but not many.
How long does it take for an invention patent to be granted than a utility model patent?
We can authorize the utility model in 4-6 months and the invention patent in 1-2 years.
How long will it take for the invention patent to be granted?
I. Authorization of invention patent
If the application for a patent for invention is rejected after preliminary examination and substantive examination, the Patent Office shall make an authorization decision, issue a patent certificate, register and announce it. It takes about 3-5 years for an invention patent to be applied for and authorized.
Two. Authorization of utility model patent
If the application for a patent for utility model is rejected after preliminary examination, the Patent Office shall make an authorization decision, issue a patent certificate, register and announce it. It takes about 6 ~ 10 months to grant the utility model patent.
Three. Authorization of design patent
If the application for a patent for design is rejected after preliminary examination, the Patent Office shall make an authorization decision, issue a patent certificate, register it and announce it. It takes about 6 ~ 8 months from application to authorization of design patent.
I wish you success!