1. How long does it take for a design patent application to be authorized
How long does it take to apply for a design patent? If there is no reason for rejection in the preliminary examination, the patent right can be granted. However, the patent law does not clearly stipulate how long it takes from application to preliminary examination.
"Patent Law of the People's Republic of China"
Article 27 Application for Design Patent If required, documents such as a request letter, pictures or photos of the design, and a brief description of the design should be submitted.
The relevant pictures or photos submitted by the applicant should clearly show the design of the product for which patent protection is sought.
Article 40 If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or design patent right. 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. Application process for design patent
1. Search
Searching is necessary for all patent applications. Check whether all designs are novel to avoid unstable patent rights (similar or identical design patents have been applied for earlier, or similar or identical designs have appeared in the past).
2. Application
Submit application documents, including six views of the product (pictures and photos No mixing is allowed. To protect colors, color drawings or photos should also be submitted), application form, brief description of the design, and entrustmentBook.
3. Review
my country implements a preliminary review system for exterior designs. During this process, the examiner will issue a notice of correction to the formal issues in the application documents, and will also examine whether the product is the protected object of the design patent. If not, the examiner will issue a notice of examination opinion, and the applicant will respond to the notice. Respond or make changes to application documents.
4. Authorization
After passing the preliminary examination, the examiner will issue a patent authorization notice. After receiving the letter, the applicant needs to pay various fees. Failure to pay by the due date will be deemed to have been withdrawn.
5. Obtain the certificate
After the applicant pays the fee and goes through the registration procedures, you can Obtain patent certificate.
Through the above analysis, we know that according to the provisions of the Patent Law, if no reason for rejection is found after preliminary examination of a design patent application, the patent management department will grant the patent right. However, there is no clear regulation on how long it takes from application to preliminary examination for a design patent. If you need legal help, readers can go to the Legal Savior Network for consultation.