Invention patents generally take 6- 18 months from substantive examination to authorization. If there are no special problems, it may be authorized in less than one year. The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published. After the application is published, the applicant has the right to temporary protection. Obtain patent authorization. Substantive examination (especially invention patent). To conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law. After examination, if it is found that the application does not meet the authorization conditions or there are various defects, the applicant will be notified to state his opinions or make amendments within the specified time. If no reply is made within the time limit, the application shall be deemed to have been withdrawn. If the application still fails to meet the requirements after repeated replies, the application shall be rejected. The actual probation period is very long. If it is not authorized within two years from the date of application, the application maintenance fee shall be paid every year from the third year. Failing to pay within the time limit shall be deemed to have withdrawn the application.
Article 35 of the Patent Law of People's Republic of China (PRC) * * * Within three years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of the application 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 application substantive examination fee
According to the relevant regulations of the state, the examination fee for an invention application is 2500 yuan. The invention patent can be paid at any time within three years from the date of patent application (the earliest priority date shall prevail if there is a priority requirement). If the substantive examination fee is not paid for more than three years, the patent will be deemed as "withdrawn". In order to speed up the examination progress of the invention patent, the applicant may pay the examination fee together with the application fee when submitting the application documents. It should be noted that when submitting the application documents, the "Request for Early Disclosure" document should also be submitted. Because in the case that the application documents are not made public in advance, even if the substantive examination fee is paid, the patent application will not enter the substantive examination procedure.