1. How long does it take for the substantive examination of an invention patent to be effective and authorized
1 , It takes three years for the substantive examination of an invention patent to be effective and authorized. According to relevant regulations, within three years of the application date for an invention patent, 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 application meets the requirements, an invention patent certificate shall be issued.
2. Legal basis: "Patent Law of the People's Republic of China"
Twenty-sixth When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted.
Article 34 After the patent administration department of the State Council receives an invention Patent application, and upon preliminary examination determines that it meets the requirements of this Law, the patent administration department shall be eighteen years old from the date of application. It will be announced in a few months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may, upon request made by the applicant at any time, conduct substantive review of the application. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
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 procedures for invention patent examination?
1. In the acceptance stage, the patent office will review and accept the patent application after receiving it.
2. In the preliminary examination stage, after acceptance If the application fee for a patent application is paid in accordance with regulations, it will automatically enter the preliminary examination stage.
3. Publication stage. The invention patent application will enter the publication stage from the issuance of the preliminary examination qualification notice. , if the applicant does not make a request for early disclosure, it will not enter the disclosure preparation process until 15 months from the date of application.
4. In the substantive examination stage, during During the substantive examination, a comprehensive review will be conducted on whether the patent application has novelty, inventiveness, practicality and other substantive conditions stipulated in the patent law. If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
5. In the authorization stage, if no reason for rejection is found after substantive examination of the invention patent application, the examiner will issue an authorization notice.The above introduces the invention patent examination process. In summary, there are three main stages in the invention patent examination, namely the preliminary examination stage, the substantive examination stage, and the authorization stage. Compared with other patents, the examination procedure for invention patents requires one more substantive examination. Therefore, invention Patent review takes a long time, and the review is strict. It takes one and a half to two years from the date of application to the authorization of an invention. I hope the above content can be helpful to you. If you have other questions, you can click below Click the button for consultation, or go to the Legal Savior website to consult a professional lawyer.
