How long does a patent substantive examination take?
The time for a patent substantive examination is not Determination, usually 6-18 months, depends on the content of the invention, the examiner's understanding of the invention and the examiner's work schedule, as well as the time for document correspondence between the examiner and the applicant or his agent.
When the invention patent applicant files a request for substantive examination And within three months from the date of receipt of the notice from the Patent Office that the invention patent application has entered the substantive examination stage, you can take the initiative to propose amendments to the invention patent application.
According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model or design patent applications do not undergo early publication and substantive examination during the approval process. There are only three stages: acceptance, preliminary examination and authorization.
What are the techniques in patent litigation
1. Thoroughly research patent technology
For highly technical patent litigation, it is very important to research, analyze and thoroughly understand patent technology and related technologies. of. Patent litigation requires lawyers to not only understand legal provisions and relevant regulations, but more importantly, lawyers must understand patent technology. If you don’t understand the law, you won’t be able to win a lawsuit, and if you don’t understand the technology, you won’t be competent in patent litigation. Legal provisions alone cannot solve the relevant issues in patent litigation, especially when determining whether a certain technology constitutes infringement, whether it is a publicly known technology, and whether it is Obvious techniques, etc., all require a certain amount of technical knowledge. It is difficult to be competent in patent litigation without delving into patented technology.
2. Collect effective evidence
For the lawyer of the plaintiff's patentee, the most important thing is to collect evidence of infringement. It is important to purchase infringing products, but some infringing products themselves are counterfeit products of others. The production mentioned above The manufacturer is not necessarily the real infringing manufacturer. Therefore, it is best to go directly to the manufacturer to purchase the allegedly infringing products. If necessary, you can obtain evidence through notarization, or obtain infringement evidence by the way when performing other duties through the industrial and commercial administration department or technical supervision department. . The most difficult thing for the plaintiff to obtain evidence is to obtain the amount of the other party’s production and sales. In this case, the court can request the court to take evidence preservation measures to obtain this evidence. Obtaining evidence of infringement and the amount of infringement is the key to the plaintiff’s victory.
For the defendant, the key is to collect all evidence that can invalidate the plaintiff's patent. This evidence includes patent documents, sales invoices, product advertisements, public use certificates, etc. Although the product invoice It can be used as evidence to invalidate someone else's patent, but sometimes the invoice is not enough because the invoice does not specifically describe the shape or technical characteristics of the product. The defendant finds evidence that is sufficient to pose a threat to the plaintiff's patent. This is one of the keys to victory, or it is Valid evidence proving that one has used it beforehand or using free and publicly known technology may take the initiative in litigation.
3. Cleverness Using legal procedures
For the defendant, the most common method is to counterclaim that the other party's patent is invalid, so as to buy time to find other defense methods. For the plaintiff, Before filing a lawsuit, it is best to initiate the invalidation procedure for your own patent, so that the patent can pass the test of a "practical trial" before suing others for infringement. Or before filing a lawsuit, you may first search the attributes of your patent with the patent administrative department of the State Council, and Issue a corresponding search report. This can avoid a lot of trouble caused by the defendant's use of invalidation procedures. There are many legal procedures that can be applied in patent litigation, but the premise is that you must understand the basic procedures such as patent application, approval and invalidation, so that it is possible to Use it freely in litigation.
How long does a patent trial take? During a patent trial, people must be able to understand its provisions and prepare according to the law to ensure that it can be done at once If you pass, you will avoid the review but need another patent review. If you don’t know much about the content of the patent review, or if you fail the patent review, come to the Legal Savior website to discuss one-on-one with a lawyer to find a solution.
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