How long is the response period for patent applications
According to my country’s patent law It stipulates that after the patent administration department of the State Council receives a patent application, if the patent meets the requirements, the patent must be published within 18 months.
"Patent Law of the People's Republic of China"
Article 34: After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. 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substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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.
What are the fees for applying for a patent?
1. Apply for a patent When entrusting an agent, the applicant needs to pay agency fees and official fees.
2. The amount of the agency fee shall be determined by the applicant and the agency after negotiation based on the difficulty and workload of the technical field to which the application belongs.
3. Official fees are fees paid to the State Intellectual Property Office. The first official fee includes the application fee and the invention application review fee. The amount (in RMB) is: invention patent application fee 950 yuan (including 50 yuan printing fee); utility model patent application fee 500 yuan;
4. The design patent application fee is 500 yuan; the invention application review fee is 2,500 yuan.
5. To obtain and maintain a patent, the applicant also needs to pay patent annual fees and other fees to the Patent Office within a few years after application.
6. The Patent Office can charge certain fees (application fees, invention application review fees, invention application maintenance fees, reexamination fees and annual fees for three years after authorization Item 5) Implement mitigation measures for applicants with real difficulties. If the applicant is an organization, 70% of the above-mentioned costs can be reduced, and if the applicant is an individual, 85% of the above-mentioned costs can be reduced.
What information should be prepared when applying for a patent?
When applying for a patent Legal documents submitted must be in writing and filled out in a prescribed uniform format. Applying for different types of patents requires preparing different documents.
1. When applying for an invention patent, the application documents should include: invention patent request, description (with description and drawings if necessary), claims, abstract and its accompanying drawings (when there are accompanying drawings in the description), each in duplicate.
2. When applying for a utility model patent, the application documents should include: utility model patent request, description, description drawings, claims, abstract and appendices. Each figure is in duplicate.
3. If applying for a design, the application documents should include: design patent application form, pictures or photos, each in duplicate. If you require color protection, you should also submit one color and one black and white picture or photo. If a description is needed for pictures or photos, a brief description of the design should be submitted in duplicate.
4. If a company applies for a patent, the application documents should include: a copy of the corporate business license and organization code certificate (with official seal), one copy of each , the inventor’s ID number should also be submitted in duplicate. Application address, postal code, telephone number and other communication methods.
5. If an individual applies for a patent, the application documents should include: copies of the identity cards of the applicant and the inventor, one copy each, and the application address should also be submitted , zip code, telephone number and other communication methods.
The above knowledge is the editor’s understanding of “How long does it take to apply for a patent?”To answer this question, according to the provisions of my country's Patent Law, after the Patent Administration Department of the State Council receives a patent application, if the patent meets the requirements, the patent must be published within 18 months. If readers need legal advice Help, welcome to the Legal Savior Network for legal consultation.
