1. How long does it take for the actual review stage of patent application
Applying for invention When applying for a patent, the applicant shall apply for substantive examination within 3 years from the date of application. Failure to apply within the time limit shall be deemed to have withdrawn the application.
"Patent Law of the People's Republic of China"
Article 34 Patent Administration Department of the State Council After receiving an invention patent application, if it is determined through preliminary examination that it meets the requirements of this Law, it will be published immediately after eighteen months from the date of application. 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 date of application for an invention patent, the patent administration department of the State Council may conduct substantive review of the application upon request made by the applicant at any time. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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.
2. What is the procedure for applying for an invention patent?
According to the Patent Law, the approval process of the invention patent application process is divided into five stages: acceptance, preliminary examination, publication, substantive examination and authorization:
(1) Acceptance stage
The Patent Office receives the invention patent application documents submitted by the applicant and initially determines whether they meet the requirements of the invention. Patent application conditions, then determine the application date and application number, and notify the applicant.
At this stage, please pay attention to: do not alter the application documents, ensure that the handwriting is clear, the pictures are clearly displayed, and the applicant's name and address in the request are detailed, the patent name remains certain and consistent between documents. After receiving the acceptance notice, you must pay the application fee in time. Only when the fee is paid clearly can you enter the next stage.
(2) Preliminary review stage
At this time, if confidentiality is required, confidentiality procedures can be followed deal with. This stage mainly examines whether the invention conforms to the scope of authorization, whether it lacks unity, whether it can form a technical solution, and whether it is the same as the authorized patent.
Attention should be paid at this stage: scientific discoveries; rules and methods of intellectual activities; diagnosis and treatment methods of diseases; animal and plant varieties; obtained by atomic nuclei transformation method Substance; a design based on the pattern, color, or combination of the two on a printed matter that serves primarily as a logo. None of these contents can be patented, so you have to pay attention to the distinction yourself.
Invention patent application, description (if the description has drawings, the description and drawings should be submitted), claims and abstract must be prepared in duplicate . At this stage, you should also actively respond to the patent office’s notice of correction or statement of opinions.
(3) Publication stage
If it is disclosed in advance, the application will immediately enter the public preparation process ; Otherwise, the applicant has to wait until 18 months from the filing date, at which time the applicant has the right to temporary patent protection.
(4) Substantive examination stage
Whether the patent application has novelty, inventiveness, Practicality and other substantive conditions stipulated in the patent law shall be comprehensively reviewed.
At this stage, please note:
(1) Applicants need to apply on the determined application date Take the initiative to submit a substantive review within three years;
(2) If the review is temporarily failed, be fully prepared and state your opinions or make modifications within the specified time ;
(3) If authorization is not obtained within two years from the date of application, you will have to start paying application maintenance fees every year.
(5) Authorization stage
Receive notification of authorization and registration procedures, apply Need to be inIt takes 2 months for people to complete the registration procedures and pay the required fees. After completion, the patent rights can be obtained. This is just a reminder that the relevant procedures and fees must be completed within the specified time, and do not let delays affect the loss of such an important patent.
Through the above analysis, we know that 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 submit an application at any time based on the applicant's request. request to conduct a substantive review of its application. Therefore, the time limit for applying for substantive examination is within 3 years from the date of application. If you need legal help, readers can go to the Legal Savior Network for consultation.
