How long does it take for patent review and modification to be granted?

In our country, there are many high-tech talents who use their inventions to improve the living conditions of our citizens. So, in our country's laws, how long does it take from patent review and modification to patent authorization? Next is the relevant information brought to you by the editor of Legal Savior Network about how long it takes from patent review to authorization. Come and take a look with the editor.

How long does it take for patent review and modification to be granted

Substantial examination is generally 1.5 -2.5 years. According to Article 35 of the Patent Law, “Within three years from the date of application for an invention patent, the patent administration department of the State Council may review the application based on the request made by the applicant at any time; if the applicant fails to request the patent application within the time limit without legitimate reasons, If the application is reviewed, the application will be deemed to have been withdrawn." Therefore, the time limit for submitting a substantive examination is three years from the date of filing the patent and can be filed at any time.

Can the patent during the review period be Modification

For the convenience of description, the patent you have submitted will be called the "prior application" below, and the patent you plan to submit again will be called " Apply later."

If the earlier application has not enjoyed priority on the filing date, the later application can be filed within one year from the filing date of the earlier application, and the earlier application is required. priority. A later application can be amended, but it may not enjoy the priority date (i.e. the filing date of the earlier application) if it is different from the earlier application. If a later application is submitted to the State Intellectual Property Office of China within the above time limit (within one year from the filing date of the earlier application), the earlier application will be withdrawn. This provision is mainly to prevent repeated authorization.

In addition, it is very important in which part of the application document the changes you want to make are located. If it is in the "Background" section of the specification, generally no modification is necessary. If it is in the "claims", if there is a corresponding correct record in the description, you can make active modifications based on the correct record in the description. The time for active revision is when a request for substantive examination is made, or within three months of receiving the notice of entering the substantive examination stage. If it is not the content involved in the claim and will not become a potential claim content in the future, there is no needRevise.

The revised "Guidelines" add a new section 3.5 "Experimental Data on Resubmission", and replace Section 3.4 Item (2) concerning resubmission. The content of experimental data is moved to Section 3.5, and "Examples and experimental data submitted after the application date will not be considered" is changed to "Experimental data submitted after the application date shall be reviewed by the examiner. Supplementary experiments The technical effect demonstrated by the data should be something that a person skilled in the technical field can obtain from the content disclosed in the patent application." (Section 3.5)

However, there are many criminals in life who obtain corresponding benefits by stealing other people's technology. We should also be concerned about this We will severely crack down on the incidents that occur and impose legal and regulatory restrictions. The editor of the Legal Savior Network has carefully compiled the above relevant information and documents to answer the questions for you. If you have any questions, please go to the official website of the Legal Savior Network for legal consultation to find the answer.