How long does it usually take for a patent application to be granted?

After the patent application is registered, the owner obtains patent rights, and patent rights are protected by law. Infringers or units are not allowed to infringe patent rights. Infringement of patent rights will lead to liability for infringement. If the circumstances are serious, it may constitute a crime. So how long does it usually take for a patent application to be authorized? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. How long does it usually take for a patent application to be authorized

How long does it take for a patent application to be authorized? Authorization depends on the type of patent. If the preliminary examination of utility model and design patents meets the conditions, it will be published eighteen months from the date of application; applications for invention patents must apply for substantive examination within three years from the date of application, and the patent rights will be granted after passing the examination.

"Patent Law of the People's Republic of China"

Article 34 Patent Administration Department of the State Council After receiving an invention patent application, if it is determined through preliminary examination that it meets the requirements of this Law, it will be published immediately after eighteen months from the date of application. 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 date of application for an invention patent, the patent administration department of the State Council may conduct substantive review of the application upon request made by the applicant at any time. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.

2. What materials are required for patent application

(1) Relevant documents and materials

For example, previous projects that are close or similar to the application project Patent documents, literature, journals, drawings, etc. When entrusting you to apply for a Chinese invention patent, it is best to conduct a patent search in advance. Otherwise, the applied project will easily be rejected during the application review process.

(2) Written technical information

1. The technical field and application scope of the applied project, as well as the technical measures, technical means, methods or methods in the existing technology that achieve the same or similar effects as the applied project;

2. The invention purpose of the applied project and what technical problems need to be solved.

3. Use text and drawings to describe in detail the realization of the application Technical measures and technical features for the invention purpose of the project. For example: the applied project is a product, and the technical measures and technical features refer to: the structure of the product, the connection, layout, and mutual relationship of each part and their role in the applied project. function, the combination of components and the detailed dynamic connections and working methods. For example, if the application is a method, the technical measures and technical characteristics refer to the process, process parameters and relevant details of the process. In addition, At least one specific example of the applied project should be provided (the specific example here does not refer to the model or physical object, but the drawings and text descriptions showing the specific example). Only when the technical measures of the applied project cannot be explained through drawings and text. It is possible to provide models or objects to illustrate the subject of the application).

The drawings provided should be drawn on A4 paper using drawing tools. There should be no text, frame lines, dimension lines, or dimension labels. Each part and component can be marked with numbers (1, 2, 3...), and the name of the part represented by each number should be written on another piece of paper.

4. Experimental data and results of the applied project, or phenomena produced during the experiment;

;">5. Objectively explain the advantages and disadvantages of the invention by combining specific examples and practical (experimental) test conclusions. If there is no experimental data or experimental conclusions, the inventor should objectively analyze the invention and infer the possible advantages and disadvantages of the invention. ;

6. What the inventor believes is the difference in technical characteristics between the applied project and the existing technology;

7. Content that the inventor believes should be a technical secret.

Through the above analysis, we can know that according to the provisions of the Patent Law, If the preliminary examination of utility model and design patents meets the conditions, it will be published eighteen months from the date of application; applications for invention patents must apply for substantive examination within three years from the date of application, and the patent right will be granted after passing the examination. If you need legal help , readers can go to the Legal Savior Network for consultation.