How long does it take to get a reply after patent review
Patent review process It refers to a relief channel given to the applicant when the Patent application is rejected. Only the patent applicant has the right to initiate the patent reexamination procedure, and must submit it to the Patent Reexamination Committee of the State Intellectual Property Office within 3 months of receiving the rejection notice.
Submission and acceptance of patent applications
(1) Submission of patent application documents
The State Intellectual Property Office is the competent department responsible for patent examination in my country. After the patent documents are prepared, they should be submitted to the national intellectual property rights for review in a timely manner. Submission methods include: submitting on-site to the acceptance window of the State Intellectual Property Office, or sending it to the acceptance office of the State Intellectual Property Office, or submitting it to the patent agencies of the State Intellectual Property Office in various places.
(2) Acceptance of patent applications
The State Intellectual Property Office and its agencies are at After receiving the application documents, the application documents will be formally reviewed. Generally speaking, you will know whether the application has been officially accepted in about one month. If the application is formally accepted, the State Intellectual Property Office will issue an acceptance notice and determine the application date and application number.
The State Intellectual Property Office believes that the application documents meet the requirements and will assign an application number to each patent application. The current application number consists of 13 digits.
(3) Patent application date and its legal significance
There are different ways to submit an application. The application date is also determined in different ways. If submitted on-site,The date of passing the on-site acceptance will be the application date; if submitted by mail, the postmark date of the mail will be the application date.
The date of patent application plays an important legal role in patents: first, the date of patent application is the benchmark for determining whether the patent is novel; second, the date of patent application in my country is The principle of "first to file" means that whoever files the application first will be awarded the patent right to the person who applied first, and the first to apply is also based on the filing date; finally, the filing date is the beginning of the patent term. date.
Patent review process
The patent application process is a relatively long process. After the patent application is submitted, the State Intellectual Property Office will review the patent application.
The examination procedure for an invention patent application includes five stages: acceptance, preliminary examination, publication, substantive examination, and authorization. Generally speaking, from the time the applicant files a patent application, It generally takes more than two years to finally obtain an invention patent authorization. Some professional applications require four or five years to be authorized due to multiple defenses. Utility model or design patent applications are not subject to early announcement and substantive content during the approval process. There are only three stages of review: acceptance, preliminary review and authorization, so the time required is relatively short. Authorization can usually be obtained within six months to one year.
So judging from the data of the entire industry, applying for a patent is not 100% successful. During the period, you may be asked to respond to the review opinions and be rejected. Review, authorization denied, etc. Even after the application is successful, there are still various problems such as changes in patent information, changes in patent status, etc. Then, you can consult the Legal Savior website for these, and the editor will give you detailed answers.
