The process of individual patent application is as follows
1. It usually takes 20 days to one month to provide the disclosure letter and entrust an agency to write the application documents (this step can be omitted if there is no entrusted agency);
2. Submit the application documents, get the notification of acceptance from the Patent Office, determine the application date, and submit an early public statement and request substantive examination on the day of submission, which can speed up the examination process;
3. The Patent Office will formally review the patent application documents for about 2-3 months, and enter the public preparation stage after the first trial is passed;
4. It takes about 6-8 months for the Patent Office to publish the invention application documents;
5. The time for the Patent Office to substantially examine the invention patent documents is about one and a half to two years, during which the examiner communicates with the applicant on the substantive content of the invention, namely novelty, creativity and practicality (entrusting the agency to communicate with the agency to determine the appropriate scope of protection of the invention), and this communication can be repeated many times until it is revised to the satisfaction of the examiner;
6. Letter of authorization issued by the Patent Office;
7. The applicant shall go through the formalities for obtaining the patent certificate;
8. It takes about 2-3 months to get the patent certificate. Submit a written mediation application within 10 days from the date of traffic accident identification.
Classification of patents
1, valid patent
Generally speaking, a valid patent refers to a patent that is still in a valid state after the patent application is authorized. In order to make the patent in a valid state, the patent right is still within the legal protection period, and the patentee also needs to pay the annual fee according to the regulations.
2. Invalid patent
After an application for a patent is authorized, it is called an invalid patent because it exceeds the statutory protection period, or because the patentee fails to pay the annual patent fee in time, or any individual or unit requests to declare the patent invalid, and it is determined by the Patent Reexamination Board and declared invalid. Invalid patents are no longer binding on the use of the technology involved.
legal ground
Article 6 of the Patent Law of People's Republic of China (PRC) refers to a service invention-creation made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.