How long does it take from the practical examination stage to authorization of an invention patent?

An invention patent is a type of patent. An invention patent can only be granted patent rights after applying for patent registration. The conditions for applying for an invention patent are relatively high. After the preliminary examination, you have to apply for a substantive examination. So how long does it take from the practical examination stage to the authorization of an invention patent? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone. .

1. How long does it take from the practical examination stage to authorization of an invention patent?

Applying for an invention After a patent is issued, the applicant may apply to the patent management department for substantive examination within three years from the date of application.

"Patent Law of the People's Republic of China"

Article 35 Application for an invention patent shall be made from 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; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 36 When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date.

If an invention patent application has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified period of time the information that the country will search for to review the application. or review results; if the application is not submitted within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

2. Situations in which invention patent applications are rejected

If the Patent Office of the State Intellectual Property Office conducts a substantive examination of an invention patent application and finds that the application has the following circumstances, the application will be rejected:

(1) The subject of the application is not an invention;

(2) The subject of the application violates national laws and social ethics Or harm public interests;

(3) The subject matter of the application belongs to a technical field in which patent rights are not granted;

(4) The subject matter of the application is not novel , creativity or practicality;

(5) The subject matter of the application does not meet the requirement that "only one patent can be granted for the same invention and creation";

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(6) The application description does not provide a clear and complete description of the invention; the application claims do not use the description as a basis to explain the scope of patent protection required;

(7) The subject matter of the application does not meet the unity requirements for invention patent applications;

(8) The modification of the application document or the division of the application exceeds the scope recorded in the original description or claims.

Through the above analysis, we know that based on According to the provisions of the Patent Law, within three years from the filing date of an invention patent 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. Failure to apply within the time limit without justifiable reasons shall be deemed to have withdrawn the application. If you need legal help, readers can go to the Legal Savior Network for consultation.