How long does it take for a patent to be published after application?

Patents are published eighteen months to three years after application. 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. Regarding the question of how long it takes for a patent to be published after application, the editor of Legal Savior Network will answer it in detail for you below.

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"

Article 26: When applying for an invention or utility model patent, a request, description, abstract and Claims and other documents.

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 application shall It will be announced immediately after eighteen 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substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 should individuals pay attention to when applying for a patent?

Documents that need to be submitted when applying for a patent.

1. Documents required to apply for an invention patent: application for invention patent, specification, claims, abstract of the description. If there are drawings, the description and drawings can be submitted at the same time. and abstract with drawings. The above documents are required to be in duplicate. Those who require reduction of various patent fees may submit two fee reduction requests at the same time.

2. Practical application Documents required for new patents: Utility model patent request, specification, claims, abstract of the specification, drawings of the description, and drawings of the abstract. The above documents are required to be in duplicate. Those who require reduction of various patent fees can submit a fee reduction request at the same time Two copies.

3. Documents required to apply for a design patent: two copies of design patent application, two copies of design drawings or photos, request for protection For color applications, two copies of color and black-and-white drawings or photos should be submitted, and two copies of a brief description of the design. If you require reduction of various patent fees, you can submit two copies of the fee reduction request at the same time.

Reduction of application fees and other expenses.

When submitting patent application documents, a request for fee reduction can be submitted together. The fee reduction request should state the reasons for the reduction. If an individual applies for reduction, the annual income must be stated. If two people apply jointly, the annual income of each person must be stated; the various types of expenses that are requested to be reduced should be stated. Can be mitigated There are five types of fees: application fees, examination fees, maintenance fees, reexamination fees, and annual fees for the first three years after the patent is approved. Reduction of the above five fees can be proposed at the same time.

Submission of patent application documents.

Patent application documents can be submitted directly to the Patent Office, or they can be mailed by registered mail through the post office. Documents are generally not allowed to be folded and should be mailed by registered mail in an envelope that can fit A4 paper. But the best way is to mail it by express mail through the post office.

Payment of various fees.

Various fees can be paid directly to the Patent Office on the spot within the specified time, or through the post office within the specified time Remittance payment. If the application documents are submitted through the post office, after receivingAfter the Patent Office issues the acceptance notice, the application fee must be paid within two months from the date of application. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.