How long does it take for an invention patent to be granted from acceptance to authorization?

Invention patent is one type of patent. If the inventor wants to apply for an invention patent, he needs to apply to the Patent Office. The patent management department must conduct preliminary examination and substantive examination of Patent applications before granting patent rights. So how long does it take for an invention patent to be granted from acceptance to authorization? The editor of Legal Savior Network has compiled relevant knowledge and hopes to be helpful to everyone.

1. How long does it take to apply for an invention patent from acceptance to authorization

Invention patent application After that, the person has to apply for patent substantive examination three years from the date of application. If the application conditions are met, the patent right will be granted and announced.

"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substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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. What are the three conditions for substantive examination of invention patents

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Inventions and creations that obtain patent rights must be novel, creative, and practical.

(1) Novelty

Novelty means that there is no similar product before the filing date The invention or utility model has been publicly published in domestic and foreign publications, publicly used domestically, or otherwise known to the public. There is no application filed with the Patent Office by others for the same invention or utility model and recorded in patent application documents published after the filing date.

(2) Creativity

Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress. The invention or utility model applied for a patent must be substantially different in the composition of the technical solution compared with the existing technology before the filing date, and must be the result of creative thinking activities. It cannot be the result that can be obtained naturally through simple analysis, induction, and reasoning of the existing technology. The creativity of an invention is more demanding than that of a utility model. The judgment of creativity is based on the knowledge and judgment ability of ordinary technicians in the field.

(3) Practicality

Practiceability means that the invention or utility model can be manufactured or used, and can produce positive effects. It has two meanings: First, the technology can be manufactured or used in industry. Industry includes industry, agriculture, forestry, aquaculture, animal husbandry, transportation and service industries. . Manufacturing and utilization in industry refer to implementability and reproducibility. Second, it must be able to produce positive effects, that is, compared with existing technologies, the patented invention or utility model can produce better economic benefits. Or social benefits, such as increasing product quantity, improving product quality, increasing product functions, saving energy or resources, preventing environmental pollution, etc.

Through the above analysis, we know that According to the provisions of the Patent Law, the applicant needs to apply for a substantive examination within three years from the filing date of the invention patent application. After the substantive examination, if no reason for rejection is found, the patent right will be granted and an announcement will be made. If necessary For legal help, readers can go to the Legal Savior website for consultation.