1. How long does it take to grant an invention patent
Invention patent self-application 3 During the year, the patent management department may conduct a substantive review based on the applicant's application. If no reason for rejection is found during the review, the patent right will be granted.
"Patent Law of the People's Republic of China"
Article 35 Application for an invention patent shall be made from Within three years from the date of 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substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
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.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
2. Who has the right to apply for invention patents
According to the relevant provisions of the Patent Law and the Civil Code, the right to apply for an invention patent belongs to:
1. For non-service inventions and creations, the right to apply for an invention patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.
2. The right to apply for patents for service inventions and creations belongs to the unit; after the application is approved, the unit is the patentee.
3. Inventions completed by utilizing the material and technical conditions of the unitFor creation, if the unit has a contract with the inventor or designer and agrees on the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
4. For inventions and creations completed by cooperation between two or more units or individuals, the right to apply for a patent belongs to the unit or individual who completed or jointly completed the invention.
5. For inventions and creations developed through entrustment, unless otherwise agreed by the parties, the right to apply for a patent belongs to the researcher and developer. If a research developer obtains a patent right, the client can exploit the patent free of charge.
Through the above analysis, we know that according to the provisions of the Patent Law, within three years from the filing date of an invention patent application, the Patent Administration Department of the State Council may submit an application at any time based on the applicant's request. request to conduct a substantive review of its application. Therefore, invention patents must be granted within 3 years at the latest. If you need legal help, readers can go to the Legal Savior Network for consultation.
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