Invention patents will generally be published after the date of filing 18. If a real test is put forward after it is made public, it usually takes two levels to authorize it, which takes more than two years. In short, it depends on the specific case and the examiner. The law does not limit the examination time, but only the applicant's defense time. You can also apply publicly in advance for a real trial, which will be faster, but the authorization will not be earlier than 18 months at the earliest. Even if the internal audit is completed within 18 months, the authorization will wait until 18 months, because the problem of application conflict will be considered. Within three years after the application for a patent for invention is filed, the patent administration department may conduct substantive examination according to the applicant's application. If the examination finds no reason for rejection, the patent right shall be granted.
Invention patents are not protected before publication, that is, they have not been infringed by others from the date of application to the date of publication; It is a temporary protection from the date of publication to the date of authorization, which can be traced back after authorization. In other words, if the application is not authorized in the end, it will not be protected, and it will only be truly protected after authorization, so it will not be protected after acceptance.
According to the relevant provisions of the Patent Law and the Civil Code, the right to apply for a patent for invention belongs to:
1, non-service invention-creation, the right to apply for a patent for invention belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
2. The right to apply for a patent for a service invention-creation belongs to the entity; After the application is approved, the entity shall be the patentee.
3, the use of the material and technical conditions of the unit to complete the invention-creation, the unit and the inventor or designer have a contract agreement on the right to apply for a patent and the ownership of the patent right, from its agreement.
4. For inventions and creations completed by two or more units or individuals, the right to apply for a patent belongs to the person who completed them or the unit or individual who completed them together.
Unless otherwise agreed by the parties, the right to apply for a patent for the invention-creation entrusted for development belongs to the research developer. If the research developer obtains a patent, the client can exploit the patent for free.
According to the above analysis, according to the provisions of the Patent Law, within three years from the date of filing, the patent administrative department of the State Council may, upon the request of the applicant at any time, conduct substantive examination of the application. Therefore, the invention patent should be granted within 3 years at the latest.
legal ground
patent law of the people's republic of china
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; 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.
Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.