1. How long does it take for a patent to be published
1. Patent application It will be announced after 18 months to three years. If it is a utility model or design patent, it will generally be published if it passes the preliminary examination for 18 months and meets the requirements. If it is an invention patent, it must go through three years of real-time review and pass it before it can be published.
2. Legal basis: "Patent Law of the People's Republic of China"
Twenty-sixth Article 1: When applying for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.
Article 34: After the patent administration department of the State Council receives an application for an invention patent, and upon preliminary examination determines that it meets the requirements of this Law, the patent administration department shall, after ten years have passed since the date of application, It will be announced in eight 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 patent administration department of the State Council may, based on the request made by the applicant at any time, proceed with the application. Substantive examination; if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
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 it to The invention patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
2. What is the right of patent signature
1. The right of signature is an important personal right of the inventor or Designer. By exercising the right of authorship, the public can know who is responsible for the issue.The inventor or designer of the invention reflects the recognition and respect for the intellectual work results of the inventor or designer. For service inventions and creations, although the right to apply for a patent and the patent rights do not belong to the inventor or designer, this Law still gives the inventor or designer the right to sign the patent document to show that they have made substantial contributions to the invention and creation. It recognizes the achievements of the intellectual work of the inventor or designer, which can stimulate the enthusiasm of the inventor or designer to carry out inventions and creations. At the same time, it is also an important step for the unit granted the patent right to implement the provisions of Article 16 of the Patent Law. When determining the basis for awarding and remunerating objects.
2. The right of signature is a spiritual right and a type of personal right. Compared with other rights, it has the following characteristics: Proprietary, also known as exclusivity, means that the right of signature can only be enjoyed by the inventor or designer, and no one else can enjoy it;Non-transferability, that is, the right of signature is inseparable from the inventor or designer itself, and has nothing to do with changes in patent application rights and patent right ownership. Even if the patent application rights and patent rights are transferred, the assignee cannot Enjoy the right of authorship. On the other hand, the right of authorship cannot be inherited.
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