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

Our country attaches great importance to the protection of intellectual property rights. The protection of intellectual property rights is one of the important drivers of industrial upgrading in our country. Patent rights are a type of intellectual property rights. A patent must be registered to have Patent rights. So when will the patent application generally be issued? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. How long does it take for a patent application to be issued?

When does a patent application take place? Patent rights must be determined based on specific circumstances. For example, if utility model patents and appearance patents meet the requirements after preliminary examination, they will be published within 18 months, and the patent rights will take effect after publication.

"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substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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.

Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.

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. Can the patent application documents be modified after they are submitted to the Patent Office?

1. When applying for an invention patent, the application documents include: invention patent request, description (the content of the description needs to indicate the technical problem to be solved and the technology to solve it. The technical solution adopted to solve the problem and its beneficial effects.

Note that if the description has drawings, the drawings, claims, and abstract ( (Abstract and accompanying drawings, if necessary), each in duplicate.

For invention patent applications involving amino acid or nucleotide sequences, the sequence must be included in the description. List, and submit the sequence list as a separate part of the specification, and also submit a CD or floppy disk containing the sequence list that complies with the regulations of the State Intellectual Property Office.

2. When applying for a utility model patent, the application documents include: utility model patent request, specification, description drawings, claims, abstract and drawings, each in duplicate.

3. When applying for a design patent, the application documents include: design patent application, pictures or photos, each in duplicate. If color protection is required, color pictures or photos should also be submitted in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos must not be mixed. If you need to explain the pictures or photos, you must submit a brief description of the design, in duplicate.

Through the above analysis, we know that according to the provisions of the Patent Law, how long it takes to obtain patent rights after a patent application depends on the specific circumstances. Application for an invention patent Afterwards, if a substantive examination is applied for within 3 years and no reason for rejection is found, the patent right will be granted. If you need legal help, readers can go to the Legal Savior Network for consultation.