How long does it take to apply for a patent?
my country’s Patent Law stipulates that " "Early disclosure rule": If the Patent Office determines that the invention patent application complies with the provisions of the Patent Law after preliminary review, it will be announced immediately after 18 months from the application date. The so-called early disclosure refers to the date of application for an invention patent, or the date of priority if it has priority. Applicants can request early disclosure of their patent applications and should submit an early disclosure statement. An advance public declaration can immediately enter the disclosure process after passing the preliminary review by the Patent Office. An advance public declaration is only applicable to invention patent applications. That is to say, if early disclosure is requested when submitting a patent application, the patent will generally be published online in about 6 months; if there is no early disclosure requirement, then the patent will be open for 18 months from the filing date. It will be made public in 2-3 years and authorized in 2-3 years. Generally, utility model and design patents can be published and authorized half a year after passing the preliminary examination.
How to distinguish the patentee from the invention Rights enjoyed by persons
The identities of service inventors and non-service inventors determine the rights enjoyed by patentees and inventors.
The right to apply for a patent for a service invention belongs to the unit. As the patentee, the unit has the right to possess, use and dispose of the patent, but the inventor (or designer) does not have these rights.
For a non-service inventor, the right to apply for a patent and the patent right belong to him or her. He only has the right to possess, use and dispose of the patent, and he can also sell the patent. You can transfer the right to use patented technology or obtain economic benefits by implementing patents.
Some people may ask, if the patent inventor leaves the company, can he take the patent with him? Should the company pay corresponding fees
The patent law is clear: inventors have the right to sign and obtain necessary remuneration, but they have no right to possess, use and dispose of patents, and cannot transfer patents without authorization to obtain benefits. Therefore, inventors have the right to receive material incentives such as bonuses , and shall not take the patent away, otherwise it will be an infringement.
What obligations does the patentee need to bear?
We all know that rights and obligations are mutually reinforcing. Since the patentee has the rights, he must also fulfill the corresponding obligations. The patentee should fulfill its obligations on time after obtaining the patent right. Pay the patent annual fee. The patent annual fee should be paid on time every year to ensure the validity of the patent right. If the patent annual fee is not paid overdue, the patent right will be lost, and the invention will no longer be protected by the patent law, and anyone can Use.
How long does it take to apply for a patent? After applying for a patent, you can go to the relevant website to check its progress in time. Applying for a patent is not that fast, it takes a while. , you must be able to wait patiently. If you want to go smoothly and avoid all kinds of troubles when applying for a patent, you should consult a lawyer. Welcome to the Legal Savior Network for legal consultation.