1. How long does it take for a utility model patent to be issued
1. Utility model patent The patent authorization time is generally 4-8 months. If the review is successful and there is no need to reply to the review, the authorization is usually about 5 months.
2. Legal basis: According to Article 26 of the "Patent Law of the People's Republic of China".
When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted.
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 instruction manual shall provide a clear and complete description of the invention or utility model, and shall be subject to the ability of a skilled person in the technical field to realize it; when necessary, there shall be appended documents. picture. 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 should explain the direct source and original source of the genetic resource in the patent application document; the applicant cannot explain the original source Yes, the reasons should be stated.
2. What is the process of applying for a utility model patent?
1. Application stage
Utility model application documents should include: utility model patent request, instructions, instructionsDrawings, claims, abstract and abstract drawings. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted.
2. Examination stage
China implements a preliminary examination system for utility model patent applications. During the preliminary examination, the examiner will issue a notice of correction for formal issues in the application documents and a notice of examination opinion for obvious substantive issues, and the applicant will respond to the notice.
Utility model patents only undergo preliminary examination, and there is no substantive examination like invention patent applications. The main examination is whether the utility model patent application has the documents stipulated in Article 26 of the Patent Law and other necessary documents, whether these documents comply with the prescribed format, and includes examination of the following items:
3. Authorization stage
Authorization: After passing the preliminary examination, the examiner will issue a notice of patent grant. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
Issuance of certificate: Applicants can obtain a patent certificate after completing the registration procedures. This period is about 2-3 months.
Utility model patents only protect products, which should be entities that are manufactured through industrial methods and occupy a certain space. All related methods (including the use of products) and naturally occurring items that have not been artificially manufactured are not protected objects of utility model patents. In practice, utility model patents may be invalid due to lack of creativity or novelty. 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.
