1. How long does it take to issue a patent authorization certificate after the announcement?
1. If it is a design patent application, the certificate will be issued in six to eight months; if it is a utility model patent, the certificate will be issued in ten months to one year; if it is an invention patent, the certificate will be issued in two to three years. Certificate.
2. Legal basis: Article 26 of the "Patent Law", when applying for a patent for invention or utility model, a request, description and abstract must be submitted. Claims and other documents. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.
2. Whether the Patent Office will deny authorization after the patent is accepted
There is no necessary relationship between acceptance and authorization, it depends on you The content and drafting of a patent are different in each case. As long as the application documents meet the requirements in form and the fee is paid, the patent office will accept it, and whether it is authorized needs to be reviewed. Compared with utility model patents, the conditions for obtaining invention patents are more stringent. In terms of creativity, utility models only require practical features and progress. In terms of novelty, the requirements are not as high as those of the design. The novelty of the design not only requires that the same design has not been disclosed, but also that similar designs have not been publicly known. The term of invention patent rights is 20 years, while utility model10 years for model and appearance design. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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