How long does it take to apply for an invention patent?

The application time for invention patents is about 2 to 3 years. An application for a patent for invention shall be preliminarily examined by the patent administration department. If the review meets the requirements, it will be published within 18 months. Then, if others have no objection, they can conduct substantive examination. If the final examination is passed, the invention patent can be granted.

legal ground

Article 30 of the patent law

Where the applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.

Article 34 of the patent law

After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 39 of the patent law

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.