How long does it take to get the result after the practical examination of an invention patent?
Patent Administration Department of the State Council After an invention patent application is received and is deemed to meet the requirements of this Law after preliminary examination, it will be published immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Applicants may apply within three years from the date of application Substantive review requests can be submitted at any time. The review time will vary depending on the case sources in each field (normally 1 to 5 years).
After passing the substantive examination, the applicant needs to go through the registration procedures and pay the announcement printing fee, and then the patent administration department will announce the patent application.
Characteristics of invention patents
Proprietary
Exclusiveness is also called "exclusivity". The so-called exclusivity refers to the exclusive manufacture, use, sale and development of the invention and creation enjoyed by the patentee. Export rights. In other words, no other unit or individual may manufacture, use, sell, offer for sale, import or export its patented products, use its patented methods, or use its patented methods for production or business purposes without the permission of the patentee. Manufacture, use, sale, offer for sale, and import and export of products directly obtained according to the method for production and business purposes. Otherwise, it is patent infringement.
Regionality
According to the principle of patent independence, the regional characteristics of Patent rights refer to Patent rights granted by a country in accordance with its own patent law are only valid within the jurisdiction of that country's laws and have no binding force on other countries. Foreign countries have no obligation to protect their patents and have no obligation to protect their patents.If an invention-creation is patented only in China, the patentee only enjoys patent rights or exclusive rights in China. If someone produces, uses or sells the invention in other countries and regions, it does not constitute infringement. It is very meaningful to understand the regional characteristics of patent rights. In this way, if a Chinese unit or individual develops an invention with international market prospects, it is not only a matter of timely application for a domestic patent, but also a matter of seizing the opportunity to own it. Other countries and regions with good market prospects must apply for patents, otherwise foreign markets will not be protected. Temporality: The so-called temporality means that the patentee’s exclusive rights granted by law to his invention and creation are only valid within the time specified by the law. After the expiration of the period, the patentee no longer has the right to manufacture his invention and creation. , use, sell, offer for sale and import exclusive rights. At this point, the inventions and creations originally protected by law have become the public wealth of society, and any unit or individual can use them free of charge.
Periodality
The patent laws of various countries have clear provisions on the validity of invention patent rights. The term of protection generally ranges from 10 to 20 years from the date of application; for utility model and design patent rights, most countries stipulate that the term is 5 to 10 years. China’s current patent law stipulates that invention patents, utility model patents and The protection periods of design patents are 20 years, 10 years, and 10 years respectively from the date of application.
Intangibility
Patent rights are intangible. Many people often regard patent rights as This characteristic is regarded as the object of protection - the technology protected by patent rights. In fact, the intangibility is the patent itself. Otherwise, for a trademark, its object is a pattern, which is obviously not intangible.
The above are the relevant answers. From the time of application to the result of the invention patent application, it usually takes about 2 years to 5 years at most. When applying for an invention patent, certain requirements are required. Some people have spent a lot of time and money on this patented invention, but in the end it failed and was hit hard. If you have other legal issues and want to consult a lawyer, you can consult the relevant lawyers on the Legal Savior Network.
