How long does it take for the approval of a utility technology patent
According to the Patent Law It stipulates that an authorization decision can be made after passing the preliminary examination of a utility model patent, and the examination time is usually about 6-10 months.
"Patent Law of the People's Republic of China"
Article 40 Utility Models and Designs If no reason for rejection is found after preliminary examination of the patent application, the patent administration department of the State Council will make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
What are the characteristics of utility model patents
So-called utility models Patents refer to utility models for which patent rights should be granted according to law. Utility models usually refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use.
As for invention patents, the Implementing Rules of my country’s Patent Law point out that “inventions referred to in the Patent Law refer to new technologies proposed for products, methods or their improvements. plan". The differences between utility model patents and invention patents are:
1. The protection period of utility models is short and is limited to technical solutions in the shape and structure of the product (such as a product that can disassembled bicycle).
The long term of invention protection not only protects the content of utility models, but also protects some method inventions, such as a network communication method.
2. The protection period of an invention patent is 20 years. Substantive examination is required for authorization. Products or methods can be applied for.
And utility modelThe protection period is 10 years, and there is no substantive review. Basically, institutions can apply.
3. The protection effectiveness of utility model patents and invention patents is similar. If they both have novelty or inventiveness, they just have different levels of examination (the Invention Intellectual Property Office will examine the novelty If the utility model is authorized after its novelty and inventiveness, it will not be easily invalidated after authorization. Utility models will not be reviewed for novelty and inventiveness, and they will be easily invalidated after authorization).
What is the scope of protection for utility models
Inventions and The scope of protection of a utility model patent right "is based on the content of the claims, and the description and drawings can be used to explain the claims." This means that the scope of protection of the patent right should be determined by the necessary technical features clearly stated in the claims. shall prevail, and shall also include the scope determined by features equivalent to the necessary technical features.
Equivalent features refer to using basically the same means to achieve basically the same functions and achieving basically the same effects as the recorded technical features, and common knowledge in the field Characteristics that a skilled person can relate to without any creative effort.
Includes two levels of meaning:
1. The scope of protection of an invention patent right , shall prevail based on its claims, that is, the claims recorded in the claims submitted by the patent applicant and approved by the patent administrative department of the State Council shall prevail, which shall not be less than and shall not exceed the claims recorded in the claims. Scope of claims.
2. The description and drawings have the function of explaining the claims and can be used as the basis for interpreting the claims. However, relative to the claims, the description and drawings only have a subordinate status and cannot be used solely as the basic basis for the protection of patent rights for inventions or utility models. The basic basis can only be the claims.
The above knowledge is the editor’s answer to the question “How long does it take to approve a utility technology patent?” According to the provisions of the Patent Law, utility model patents are initially After passing the review, an authorization judgment can be made, and the review time is usually about 6-10 months. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.