Deadline for requesting substantive examination of invention patents

The time limit for an invention patent applicant to request substantive examination is three years. Within three years from the filing date of an invention patent application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn. Regarding the question of how long is the time limit for substantive examination requests for invention patents, the editor of Legal Savior Network will give you a detailed answer below.

1. What is the time limit for requesting substantive examination of an invention patent?

1. Invention The time limit for a patent applicant to request substantive examination is three years. Within three years from the filing date of an invention patent application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

2. Legal basis:

"Patent Law of the People's Republic of China"

Article 35 Within three years from the date of application for an invention patent application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; the applicant If a substantive examination is not requested within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.

2. Can I apply for a personal patent directly?

1. Individuals can apply for patents directly. However, individuals cannot directly apply for a patent if they are an invention-creation completed while performing the tasks of the unit or mainly utilizing the material and technical conditions of the unit. Because the patent rights for inventions and creations belong to the unit, individuals are not allowed to dispose of them without authorization.

2. Inventions and creations that are performed to perform the tasks of the unit or are mainly completed by utilizing the material and technical conditions of the unit are service inventions. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. The unit may dispose of the right to apply for patents and patent rights for its service-based inventions and creations in accordance with the law, and promote the implementation and application of relevant inventions and creations. Non-service inventions and creations, the right to apply for patentsThe patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee. For inventions and creations completed by utilizing the unit's material and technical conditions, if the unit has a contract with the inventor or designer, and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.

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