How long does it take for a patent application to go from substantive examination to approval
Patent essence The time for examination is uncertain, generally 6-18 months, depending on the content of the invention, the examiner's understanding of the invention, the examiner's work schedule, and the time for document correspondence between the examiner and the applicant or his agent.
There is currently no charge for public services of the patent examination process. .
Three months from the date when the invention patent applicant files a request for substantive examination and receives the notice from the Patent Office that the invention patent application has entered the substantive examination stage. Within the period, you can proactively propose amendments to your invention patent application.
According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model or design patent applications do not undergo early publication and substantive examination during the approval process. There are only three stages: acceptance, preliminary examination and authorization.
How to solve the problem of patent infringement
You can adopt the following methods Ways to protect rights:
1. File a lawsuit in the People's Court (provided that the patent right is strong, the infringement evidence is complete, the infringement is serious or the losses caused by the infringement are serious);
2. Submit an administrative mediation to the patent management authority (the rights holder has preliminary evidence, and the scale of infringement is not large or the loss is not serious);
3. Send a warning letter to the infringer (the rights holder has preliminary evidence, and the scale of the infringement is not large or the loss is not serious).
Does the protection of patent rights exist from the date of application?
The protection of patent rights is a broad concept. The core refers to the exclusive right of a patent applicant or patentee to his or her own invention and creation. After a patent application is granted, the patent right is definitely protected. However, from the filing date to before the patent application is granted, the rights are also protected, but to different degrees. , the forms of expression are also different.
Take an invention patent application as an example. From the application date to before the application is published, the application is in the confidentiality stage. At this stage The protection of its rights is reflected in the fact that after applying for a patent for the invention, an application for the same subject matter will lose its novelty because it conflicts with it, and the patent right cannot be granted. The period from the publication of the application to the granting of the patent right is "temporary protection" stage. During this period, although the applicant cannot file a lawsuit or ban someone who implements his invention without his permission, he can require him to pay appropriate royalties. If the other party refuses to pay, the applicant will have no choice but to file a lawsuit after obtaining the patent right. In order to exercise the right to file a lawsuit. At this stage, the applicant has only limited exclusive rights.
How long does it take for a patent application to go from substantive examination to approval? The more complete the materials submitted, the easier it will be to pass the review, and the time to obtain the patent certificate can also be greatly shortened. If you have major questions about the content of the patent application review and need to understand it in detail, you can go to the Legal Savior website to find a lawyer. Consultation.
