The temporary protection period of patent right refers to the temporary protection period from the date when the authorized text is published to the time when the patent is authorized. After the publication of an application for a patent for utility model or design, you can obtain the same temporary protection as after the publication of an application for a patent for invention. The applicant may require the entity or individual that implements its utility model or design to pay an appropriate fee. Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, the specification, its abstract, the patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Legal objectivity:
patent law of the people's republic of china
Article 35
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time;
If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
patent law of the people's republic of china
Article 34
After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
patent law of the people's republic of china
Article 13
After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.