How long does it take for an invention patent to be issued after passing the substantive examination
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.
Patent substantive examination refers to the patent office’s examination of the invention. An examination system that examines novelty, inventiveness and practicality and determines whether an invention qualifies for patent rights.
The prerequisite for substantive examination is that the applicant submits a request for beneficial examination. The applicant may request the Patent Office to conduct a substantive examination of his invention patent application at any time within three years from the priority date if he claims priority. If the applicant does not submit a request for substantive examination within the above period, the application will be deemed to have been withdrawn.
The main contents of substantive examination include
(1) Whether the patented invention meets novelty, creativity and practicality.
(2) Whether the description of the invention has been clearly and completely explained.
(3) Whether the claim is supported by the description.
(4) Whether the patent application meets the requirements for unity of invention.
(5) If the applicant has submitted amendments or divisional applications to the application, whether they exceed the scope recorded in the original specification, after the Patent Office conducts substantive examination, If it is believed that the applicant does not comply with the provisions of the Patent Law, the applicant shall be notified to state its opinions or modify the application within a specified period,After the revision, the Patent Office still believed that the application was inconsistent with the provisions of the Patent Law and should reject the application.
The starting point and end point of the invention patent term
1. The validity period of an invention patent should be from the date of authorization announcement to 20 years after the date of application, while the validity period of utility model and design patents should be from the date of authorization announcement to 10 years from the date of application.
2. The starting point of the validity period of the invention patent right is the date of authorization announcement, and the end point is the expiration date of 20 years from the date of application.
3. The above validity period is based on the assumption that the patentee has paid the corresponding fees (such as annual fees) on time, and the patent has not been invalidated during this period.
4. If the patentee fails to pay the annual fee within the specified period, or the patent is invalidated, the validity period of the patent will end early
How long does it take to issue the certificate after passing the substantive examination of the invention patent? How long does it take to issue the certificate after passing the substantive examination of the invention patent? It depends on the actual situation. After getting the certificate, you can provide it for yourself according to the law. Apply for relevant compensation. It is best to have a lawyer help you with the procedures after passing the substantive examination of the invention patent. If you don’t know what to do, you can go to the Legal Savior website to find a lawyer.
