How long does it usually take to apply for a patent?

It usually takes more than 18 months to apply for a patent. If a quick inspection is needed, the fastest authorization is 12 months. The application time of utility model patent generally takes about 6 months to authorize. The average patent duration is about 45 days.

The law is based on 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 after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.

Matters needing attention in patent application

1, patent documents should be searched to judge whether the invention meets the basic conditions of the three characteristics of the patent. At this time, the judgment of the three characteristics of patent is only preliminary. The purpose of retrieval is to minimize the blindness of patent application, increase the certainty of patent authorization and the legal stability after authorization, and another purpose is to easily find the existing comparative technology, so as to write the patent claim and determine the protection scope of patent right more accurately.

2. It is necessary to further analyze the technical and economic development trend of competitors and their patent strategies, and check whether the application conforms to our product, technical and economic development strategy and patent strategy.

3. Do a good job in keeping relevant technical secrets and entrust a professional patent agency to act as an agent.

Pay attention to the time of patent application to prevent others from getting there first.