1. How long does it take from patent application to publication
1. To divide the patent Discuss the types:
(1) For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through acceptance, preliminary examination, publication, and implementation. The stages of review and authorization announcement are generally announced 18 months after acceptance, and then proceed to the actual review stage. Generally, it takes about 3 years to obtain authorization, but longer time is not excluded.
(2) For utility models and designs, they need to go through the stages of acceptance, preliminary examination and authorization announcement. Since there is no need for substantive examination, utility models The time to obtain authorization for a design is shorter, generally between 6 and 10 months.
2. Legal basis: Article 34 of the Patent Law. After receiving an invention patent application, the patent administration department of the State Council shall, after preliminary examination, determine that it meets the requirements of this law. , it will be announced 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.
2. Obtaining a design patent Conditions
1. It must be novelty
Novelty is the appearance design The basic condition for obtaining patent rights is that the patented design must be unprecedented. my country's patent law stipulates that for the judgment of novelty: the time standard is based on the filing date; the regional standard, disclosure in publications adopts world standards, and disclosure in use adopts domestic standards. That is to say, the patented design “should be different and different from the designs that have been publicly published in domestic and foreign publications or publicly used domestically before the filing date.Approximately”.
2. It should be original
Many countries determine whether a design has Originality is a condition for whether to grant a patent right. Originality mainly means that the design for which a patent right is granted should have obvious characteristics compared with existing designs, or be "not similar". Determine whether two designs For similarity, two similar products using the design should be compared to see whether they are similar as a whole. Patent rights cannot be granted for similar designs.
3 , should be aesthetically pleasing
Countries around the world have different requirements for granting design patents as to whether they are aesthetically pleasing. The United States, the United Kingdom, etc. do not regard whether they are aesthetically pleasing as whether they are aesthetically pleasing or not. A condition for granting a design patent. However, countries such as Germany and Japan regard the person as a condition for granting a design patent. The Implementing Rules of China’s Patent Law stipulate that the design should be aesthetically pleasing.
4. It should be suitable for industrial applications
Since the purpose of a design patent is to promote the exchange of goods and economic development, therefore, it should be granted The patented design must be suitable for industrial application, that is, the design can be placed on the product through industrial production.
We can understand that according to It is stipulated that general invention patents need to go through the stages of acceptance, preliminary examination, publication, substantive examination and authorization announcement. Under normal circumstances, the announcement will be made 18 months from the acceptance, and then We are in the practical review stage,I hope everyone understands.I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
