1. How long does it take to make a product after applying for a patent?
Patent application Afterwards, if the patent management department grants the applicant a patent right, the applicant can start making products using the patented technology, and the products are protected by law.
Article 35 of the "Patent Law of the People's Republic of China"
Invention patent application since Within three years from the date of application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time;
The applicant fails to file within the time limit without justifiable reasons If a substantive examination is requested, the application will be deemed to have been withdrawn.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.
Article 39
Where no reason for rejection is found after substantive examination of an invention patent application , the patent administration department of the State Council makes a decision to grant an invention patent right, issues an invention patent certificate, and registers and announces it at the same time. The invention patent right shall take effect from the date of announcement.
Article 40
Utility model and design patent applications have not been found after preliminary examination If there are reasons for rejection, the patent administration department of the State Council shall 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. Utility model patent rights and design patent rights take effect from the date of announcement.
2. Patent application process
1. Submission Submit the materials directly to the lobby of the Patent Office or the local patent agency window.
Or submit it by mail, but only EMS can be used, not express delivery or regular mail.2. Wait for the notification to accept the acceptance notice issued by the National Patent Office. The issuance of the notice means that the patent application has officially entered the approval process.
3. Pay the application fee. In addition to paying the fee directly to the Patent Office Charge Office or the Patent Office Agency, you can also pay the application fee through bank or post office remittance. When paying the fee, you should pay attention to writing the application number, and ask the bank or post office staff to enter the patent application number, name, address, zip code, etc.
But you should not mail cash directly to the patent office, as no one will accept it.
Please note that payment must be made within 15 working days from the date of receipt of the acceptance notice.
4. Waiting for review. The patent office will review the application first. For patent applications other than inventions, as long as the preliminary review is passed, the patent can be granted. Qualifying revisions are resubmitted.
For invention patents, a preliminary examination is required first. After passing the examination, a substantive examination must be conducted. Only after the substantive examination can the patent be obtained.
For substantive examination, some can be carried out immediately, while others can only be carried out after 18 days.
5. Obtain a patent certificate. The registration process for each type of patent application is basically similar, but there are some differences in the details of how to apply for patent registration and the information provided.
So when you decide to apply for a patent, you must understand what patent you want to apply for, fully prepare the required information, and follow the corresponding process. Faster and smoother application completion.
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