Legal analysis
After preliminary examination, the invention patent will be published within 18 months, and the applicant can apply for substantive examination within 3 years after application. Therefore, the period from application to publication of the invention patent is 3 years. (1) When applying to China National Intellectual Property Administration, the applicant shall include the following documents when applying for a patent: a request for a design patent, a picture or a photograph. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. All submitted pictures are pictures, and all submitted photos are photos. Pictures or photos shall not be mixed. If pictures or photo descriptions are needed, a brief description of the design shall be submitted. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted. According to the relevant laws and regulations, the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of application. The patentee shall pay the annual fee from the year when the patent right is granted. For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, actual examination and authorization announcement. In general, it will be announced within 65,438+08 months after acceptance, and then the actual examination stage. It usually takes about 3 years to get authorization, but it does not rule out a longer time. In order to speed up the time limit for obtaining the patent right, we can apply for publicity in advance, so that it can be made public after passing the preliminary examination, and then enter the actual trial stage, which can speed up the progress of authorization. In addition, in some special circumstances, it may be required to speed up the audit, but the procedures are more complicated and the cost will be higher.
legal ground
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.