1. How long does it take from patent application to rejection
From patent application to rejection There is no specific regulation on how long it takes. If the invention patent application still does not meet the application conditions after the applicant has stated his opinions or made modifications, it will be rejected. Utility model and design patents will be rejected if they do not meet the conditions after preliminary examination. The time from patent application to successful authorization varies depending on the type of patent. The longest can take 3-5 years, and the shortest can take 6-8 months.
"Patent Law of the People's Republic of China"
Article 38 Invention patent application procedures After the applicant states its opinions or makes revisions, if the patent administration department of the State Council still considers that the application does not comply with the provisions of this Law, it shall reject it.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
Article 40 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 the utility model patent right or design patent right. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
2. What is a patent application
Patent application is a necessary procedure to obtain patent rights. To obtain a patent right, the applicant must submit an application to the national patent office, which shall approve and issue a certificate. When applying for a patent to the national patent office, the applicant should also submit a series of application documents, such as request, description, abstract, claims, etc. in patent applicationIn terms of patent applications, the provisions of patent laws in various countries around the world are relatively consistent, but there are also many differences.
A patent application is a request from the inventor, designer or other subject with the right to apply to the Patent Office to obtain patent rights for an invention or design. According to the Chinese Patent Law, a patent application must submit an application, description, claims, abstract, drawings, and priority request to the Patent Office. The two documents of drawings and priority request are not essential for every application, but they are beneficial to the patent application. In a patent application, the application should be in writing and mainly state the following contents: the request for patent grant, the name of the invention or design, the name and identity of the applicant, the name and identity of the agent, and signature.
Through the above analysis, we know that according to the provisions of the Patent Law, if an invention patent application still does not meet the application conditions after the applicant has stated his opinions or made modifications, he shall will be dismissed. Utility model and design patents will be rejected if they do not meet the conditions after preliminary examination. Therefore, how long it takes from application to rejection of a patent depends on the actual situation. If you need legal help, readers can go to the Legal Savior Network for consultation.
