1. How long does it take for patent authorization?
1. How long does it take for patent authorization? For: Utility model and design patent applications take eighteen months, while invention patents generally take three years. Because invention patents require substantive examination for three years from the date of application, while the first two patents do not require substantive examination.
2. Legal basis:
Article 26 of the Patent Law, application For invention or utility model patents, documents such as a request, description and abstract, and claims must be submitted.
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 patent administration department shall, after ten years have passed since the date of application, It will be announced in eight months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 40: If no reason for rejection of a utility model or design patent application is found after preliminary examination, the patent administration department of the State Council shall make a decision to grant the utility model patent right or The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
2. How long does it usually take for an invention patent to be authorized?
Invention patent, utility model patent and design patent application . Inventions and utility models are applications for technological improvements. Invention patent applications can protect product and method inventions; utility model patent applications do not protect method inventions, but only improvements in products and their structures; design patent applications only protect the appearance and shape of products. , pattern or combination thereof and combination with color for protection. Invention patents take a long time to be authorized, usually three to five years, but because they need to go through the substantive examination process, the patent rights after patent authorization are very stable; utility model patents and design patents do not need to go through the substantive examination process, and are authorized quickly. Utility models can generally be authorized within six months to twelve months from the date of application, and designs can generally be authorized within six months from the date of application.
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