The authorization time for a utility model patent is generally 4-8 months. If the review goes smoothly and there is no need to reply to the review, the authorization time is usually about 5 months.
Application process:
1. Application stage
Utility model application documents should include: utility model patent request, description, description drawings, and claims. Book, abstract and abstract drawings. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted.
2. Examination stage
China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction for formal issues in the application documents and a notice of examination opinion for obvious substantive issues, and the applicant will respond to the notice.
Utility model patents only undergo preliminary examination, and there is no substantive examination like invention patent applications. The main examination is whether the utility model patent application has the documents specified in Article 26 of the Patent Law and other necessary documents, whether these documents comply with the prescribed format, and includes examination of the following items:
Utility model patent application Whether it clearly falls within the provisions of Article 5 and Article 25 of the Patent Law, or clearly does not comply with the provisions of Article 18 and Article 19, Paragraph 1 of the Patent Law, or clearly does not comply with Article 31 of the Patent Law Article 1, Article 33, Article 2, paragraph 3, Article 22, paragraph 2 or 4 of the Patent Law regarding novelty and practicality;
Whether it is obvious Does not comply with the provisions of Article 26, Paragraph 3 or 4, Article 31, Paragraph 1, and Article 33 of the Patent Law, or the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law;
The Patent Office shall notify the applicant of the examination opinions and require him to state his opinions or make corrections within a specified time limit; if the applicant fails to respond within the time limit, his application shall be deemed to have been withdrawn. After the applicant has stated its opinions or made corrections, if the Patent Office still considers that the application does not comply with the provisions listed in the preceding paragraph, it shall reject it.
3. Authorization stage
(1) Authorization: After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
(2) Issuance of certificate: The applicant can obtain the patent certificate after completing the registration procedures. This period is about 2-3 months.
Extended information
Legal basis:
Article 22 of the "Patent Law of the People's Republic of China" grants patent rights for inventions and utility models , should be novel, creative and practical. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
(5) Obtained by nuclear transformation method Substance;
(6) Designs made on the patterns, colors, or a combination of the two on flat printed matter that serve primarily as a logo. Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.
Article 26 When applying for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it;
When necessary, there should be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant is unable to explain the original source, the applicant shall state the reasons.
Baidu Encyclopedia—Utility Model Patent Application