Not every application can be authorized among the technical patents submitted by the applicant, especially the invention patents, which are particularly strict in examination. If there are some problems in the technology, the National Information Bureau will not grant this technology patent. If the patented technology can be authorized, the National Information Bureau will first send an authorization notice to the applicant. Getting the authorization notice means that this technology has become a patent.
According to China's patent law, there are three kinds of patent applications that domestic and foreign applicants can file with China Patent Office: invention patent, utility model patent and design patent application. Inventions and utility models are applications for technical improvement, and applications for invention patents can protect product and method inventions; The application for a patent for utility model does not protect the method invention, but only protects the product and the improvement of its structure; An application for a patent for design only protects the appearance, shape, pattern or their combination and the combination with color of the product. Invention patents are granted for a long time, usually three to five years, but the granted patents are highly stable due to the need for substantive examination procedures; Patents for utility models and designs do not need to go through substantive examination procedures, so they can be granted quickly. Generally speaking, the utility model can be authorized within six to twelve months from the date of application, and the design can be authorized within about six months from the date of application.
Legal basis:
Article 12 of the Patent Law of People's Republic of China (PRC)
Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.
Article 13 of the Patent Law of People's Republic of China (PRC)
After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.
Article 14 of the Patent Law of People's Republic of China (PRC)
Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.