1. How long does it take to apply for an invention patent?
When does the invention patent apply? You can come down, it depends on the specific situation. If an invention patent applies for substantive examination within 3 years of application and there is no reason for rejection, the patent right will be granted.
"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substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 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 the invention The 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 to do if you use an invention patent that has not been granted
In practice, if this happens, rights holders don’t have to worry. Because according to the protection of patents under our country's laws, after the patent application is authorized, the patent rights will definitely be protected. However, the rights of a patent application are also protected from the filing date to the date of authorization, but the degree is different and the forms of expression are also different.
As far as invention patent applications are concerned, the application at this stage is still confidential from the date of application to the patent department until the application is published. However, the protection of an invention patent is reflected in the application for the same subject after the invention patent application. Because if it conflicts with the previous application, the novelty will be lost, and the patent cannot be granted in the end.right.
So, when applying for an invention patent, the stage between the publication of the application and the granting of the patent right is the "temporary protection" stage. During this period, although the applicant cannot file a lawsuit against anyone who exploits the invention without its permission to prohibit infringement, it can still require the person to pay appropriate royalties. If the other party refuses to pay, the applicant can exercise the right to file a lawsuit after obtaining the patent rights. Therefore, the applicant has only limited exclusivity rights at this stage.
If the other party does not stop infringement, the patentee can request mediation from the patent management department after the patent right is granted, or directly file a lawsuit with the People's Court.
Through the above analysis, we know that according to the provisions of the Patent Law, the time from application to authorization of an invention patent depends on the specific circumstances. The applicant can apply for substantive examination within 3 years of the application, and if there is no reason for rejection, the patent right will be granted and announced. If you need legal help, readers can go to the Legal Savior Network for consultation.
