1. How long does it take to apply for a patent?
1. For invention patents Except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, substantive examination and authorization announcement. Under normal circumstances, they will be announced 18 months after acceptance, and then proceed to the substantive examination stage. Generally speaking, It takes about 3 years to obtain authorization, but longer time cannot be ruled out. In order to speed up the time limit for obtaining patent rights, you can apply for early publication, so that after passing the preliminary examination, it will be announced and then enter the practical examination stage, which can speed up the authorization process. In addition, in some special circumstances, you can also request for accelerated review, but the procedures are more complicated and the fees will be higher.
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 and designs It takes a short time to obtain design authorization, usually 6 to 10 months. Applying for a patent is a legal procedure. If the inventor who applies for a patent wants to obtain patent rights quickly and securely and obtain legal protection, he or she can entrust a patent attorney from a patent office to provide you with legal and technical assistance. Establish an agency relationship with a patent attorney, who is your technical advisor and patent attorney. To be precise, a qualified patent agent will help the inventor to carry out secondary development of the technology to be patented, such as exploring alternative solutions. At the same time, the inventor needs to provide technical support to the agent and provide all necessary information in a timely manner. Relevant information required. After the inventor establishes an agency relationship with the patent agent, he should provide the detailed technical information necessary for writing patent documents according to the agent's requirements;
The detailed technical information includes The purpose of the invention and creation, comparison of old and new technologies, main technical features and specific plans for implementing the purpose of the invention and creation, as well as drawings that can explain the purpose of the invention and creation, etc. If the inventor does not know how to draw or cannot provide the necessary detailed technical information, he can directly speak to the patent agent. The patent agent can complete the entire patent application process for you based on the inventor's inventive intention until the patent right is obtained.
"ChinaArticle 34 of the Patent Law of the People's Republic of China
After the patent administration department of the State Council receives an application for an invention patent and upon preliminary examination deems it to be in compliance with the requirements of this Law, the application shall be It will be announced immediately after eighteen months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35
Within three years from the filing date of an invention patent application, the State Council The patent administrative department may conduct substantive examination of the application based on the request made by the applicant at any time;
If the applicant fails to request substantive examination beyond the time limit without justifiable reasons, the application will be It is deemed to be withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
2. Documents required to file a patent invalidation declaration
1. Announcement text of the patent to be invalidated (can be downloaded from the Internet);
2. Request for invalidation;
3. Reasons and evidence for invalidation;
4. Letter of attorney
5. Court summons (if any, it will speed up the process of obtaining the notice of acceptance of the invalid request). The amount of the agency fee is related to the complexity of the case. We will analyze it on a case-by-case basis and give relevant quotations.
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