How long does it take for a utility model patent to become effective
Invention patent application undergoes substantive examination If no reason for rejection is found, the patent administration department of the State Council will make a decision to grant the invention Patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant a utility model patent or a design patent. The decision shall be made, the corresponding patent certificate shall be issued, and the patent shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
The calculation starts from the date when the patent right is announced, regardless of whether the date of announcement, the date of authorization, and the date of issuance of the patent certificate are the same day.
How long is the validity period of a utility model patent?
1 .For patent rights obtained based on patent applications filed before December 31, 1992, the protection period shall be governed by the original patent law, that is: the protection period for invention patents is 15 years from the date of application; the protection period for utility model patent rights and design patent rights is The protection period is 5 years from the date of application. The patentee may apply for a 3-year extension before expiration.
2. For patent rights obtained based on patent applications filed after January 1, 1993, the protection period shall be governed by the revised Patent Law, that is: invention patents The protection period for utility model patent rights and design patent rights is 20 years from the date of application; the protection period for utility model patent rights and design patent rights is 10 years from the date of application.
Utility model patent review to publication How long
If you are applying for a design or utility model patent, there is no need for substantive examination, so the time is relatively short, about half a year to one year. The general process is: after the preliminary examination, the application is not found to be rejected After providing reasons, the patent administration department of the State Council will make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right will take effect from the date of announcement. .
When will a utility model patent take effect? A utility model patent will take effect in time after the application is approved, but it has an effective period. It is recommended that you know its specific effective period. question. What benefits or requirements can be brought after the utility model patent takes effect? If you don’t want to only understand the one-sided content, you should consult an online lawyer on the Legal Savior Network.
