How long is the invention patent application cycle?

Every year, our country holds various large and small patent-related activities. Many people design works that meet people's needs. The authors will apply for their own patents to safeguard their own rights and interests. So, how long is the application cycle for an invention patent? Next, the editor of Legal Savior Network will compile some legal knowledge about this aspect for you, hoping it can help you.

How long is the application period for an invention patent?

The invention patent application cycle is analyzed based on the review progress and there is no clear time limit.

1. Documents and materials required

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1. Provide necessary information:

Inventor's name, Applicant's name, nationality, address and postal code, etc. information. Whether the invention patent requires disclosure in advance and whether it requires substantive examination at the same time as the application is submitted. Whether to request a fee reduction request (only applicable to applications where the applicant is one or more natural persons, or the applicant is a legal person and meets certain conditions).

2. Letter of attorney:

Each application must submit at least one power of attorney to the Patent Office. The power of attorney must be an original signed or stamped by the applicant. Multiple applicants can sign the power of attorney individually or jointly. No power of attorney is submitted when applying If you have a power of attorney, you can resubmit it after application, but you must pay a certain fee.

3. Technical briefing:

Including the name of the invention, the technical field to which the invention belongs, the existing technical situation in the technical field, the purpose of the invention and the technical solution for realizing the invention, the implementation effect of the technology, and if necessary, drawings can be provided to explain the invention. .Applicants can provide electronic or written technical briefings, or provide the above information orally.

4. Sign the agency contract

5. Sign the application ownership statement

6. Other relevant documents and materials (such as Shenzhen patent application statistics, deposit certificates, priority information, etc.)

2. Precautions and related instructions

1) Agent description

1. It is recommended that the applicant conduct a patent literature search before applying for a patent to find out whether there is an application for technology that is the same or similar to the technology of his own invention. Patent, and submit the retrieved information to the agent for reference.

2. Product inventions involving product shape or structure can apply for utility models. Method inventions, use inventions or product inventions that are substances with no fixed shape can usually only apply for invention patents, but not utility model patents.

3. The agent shall act in accordance with the technical briefing document provided by the applicant. content, write application documents: including description, claims, abstract and drawings, and submit them to the applicant for review and signature before submission to the Patent Office.

4. Our company handles the procedures for paying various fees to the Patent Office on behalf of the applicant, and promptly responds to various notices and requirements issued by the Patent Office. Transfer it to the applicant, and inform you of precautions or make corresponding suggestions.

5. If the applicant's address or contact person changes, please notify us in time to avoid not being able to receive relevant notifications and documents in time.

2) Procedural instructions

1. The applicant can request a substantive examination at any time within three years from the date of application. An examination fee must be paid for requesting a substantive examination. If you want early authorization, you can submit a substantive examination request as early as possible. If you need to use the application as priority and file a new application (including PCT international patent application or patent application abroad), you do not need to submit a substantive examination request when applying.

2. The applicant receives the authorization notice and handles registration After receiving the notification of formalities, the registration formalities shall be carried out in accordance with the requirements of the notice within the specified time and the prescribed fees shall be paid. Failure to complete the registration formalities in accordance with the regulations, or if the registration is delayed, shall be deemed to have given up the right to obtain a patent.

3. After the application is published, the applicant obtains the right to temporary protection , that is, from the date of publication of the application, the applicant can require the unit or individual who implements the invention to pay fees.

4. After the patent right is granted, the patentee must pay the patent annual fee every year. There will be a lag period after the patent is overdue. The annual fee can still be paid, but a late fee will be charged. In If the patent annual fee is overdue and the annual fee and late fee for the current year are not paid in full, the patent right shall be terminated from the expiration date of the previous year.

5. The applicant can voluntarily declare to give up or give up the right to apply for a patent or patent by not paying fees or not responding to patent office documents. right.

6. During the patent application process or After the patent is approved, the applicant can go through the transfer procedures at any time.

7. If the applicant wants to apply for a foreign patent, he or she must entrust a foreign-related agency to handle the procedures for applying for a foreign patent within one year from the date of application in China. , can enjoy priority.

Note: Patent protection after patent rights are obtained Within the period, in order to maintain the validity of the patent right, the patentee has the obligation to pay annual fees on time. If the patentee fails to pay the annual fee on time or the amount paid is insufficient, the Patent Office will notify the patentee to make up the payment and pay a late fee at the same time. If the patentee fails to pay or fully pay the annual fee and late fee upon expiration of the overdue period, the patent right shall be terminated from the date on which the annual fee due to be paid expires.

Hope it can help you solve related problems. If you have any questions, you are welcome to consult with a lawyer on the Legal Savior Network.