When will the application for a patent for invention take effect?

Invention is the result of intellectual labor. Invention is a factual act, not limited by the capacity for civil conduct. Therefore, no matter whether a person engaged in invention and creation has full capacity for civil conduct, as long as he has completed his own invention and creation, he should be recognized as an inventor or designer. So when will the application for a patent for invention take effect? When will the application for a patent for invention take effect? If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the 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. If the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement. After the patent administrative department of the State Council issued the notice of granting the patent right, the applicant shall go through the registration formalities within 2 months from the date of receiving the notice. Where the applicant goes through the registration formalities on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate and make an announcement. Failure to go through the registration formalities at the expiration of the period shall be deemed as giving up the right to obtain the patent right. How to pay the application fee for invention patent right? Where an applicant for a patent for invention has not been granted a patent right for two years from the date of application, he shall pay the application maintenance fee from the third year. When the applicant goes through the registration formalities, he shall pay the patent registration fee, the announcement printing fee and the annual fee for the year when the patent right is granted. The applicant for a patent for invention shall pay the application maintenance fee every year, excluding the year when the patent right is granted. If the payment is not made at the expiration of the period, it shall be deemed that the registration formalities have not been completed. Future annual fees shall be paid in advance within 1 month before the expiration of the previous year. Invention refers to a new technical scheme proposed for a product, method or its improvement. An invention must be a technical scheme, the result of the inventor's application and combination of natural laws in a specific technical field, not the natural laws themselves, so scientific discovery does not belong to the category of invention. At the same time, inventions are usually intellectual achievements in the natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions in the sense of patent law. According to the provisions of the patent examination system, inventions can be divided into product inventions and method inventions, which can be original inventions or improved inventions. Product invention is about the invention of new products or new substances. This kind of product or substance has never been seen in nature, and it is the result of people using natural laws to act on specific things. If an article is completely in a natural state and exists without anyone's processing or transformation, it is not a product invention as stipulated in China's patent law and cannot obtain a patent right. Method invention refers to the invention of methods and steps to solve specific technical problems. Patentable methods usually include manufacturing methods and operating methods. The former includes product manufacturing technology and processing methods, while the latter includes testing methods and product use methods. An improved invention is a technical scheme with substantial innovation on the existing product invention or method invention. For example, Edison invented the incandescent lamp, which is an unprecedented new product and can apply for product invention; The method of producing incandescent lamps can apply for a method patent; Incandescent lamps are filled with inert gas, and their quality and life are obviously improved. This is an improvement on the original basis, and you can apply for improvement. When will the application for a patent for invention take effect? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.