Is the patent valid after application?

Patents are one of the important intellectual property rights. Patent rights are protected by law. To obtain Patent rights, you need to apply to the patent management department. When applying, you must submit relevant materials and the patent management department will review them. Then what happens after the patent application? Doesn’t work? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. Whether the patent is valid after application

It is valid if the application is not rejected , but the patent rights have not yet been obtained during the patent application process. The patent rights need to be obtained after the patent application has been reviewed and no reason for rejection is found, and the patent rights are obtained after the announcement.

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

Article 39 Invention patent application procedures If no reason for rejection is found during the substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it 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. What is included in the scope of preliminary patent examination

According to the provisions of the Patent Law, the contents of the preliminary examination of invention patents include:

1 , Whether the applicant's application documents are complete and whether they are written in compliance with the provisions of the "Patent Law" and its "Implementing Rules";

2. Whether the applicant's identity is legal , whether various supporting documents are complete. If the applicant is a foreigner, has he or she entrusted an agent in accordance with the law?

3. Whether the invention and creation for which the patent is applied for violates national laws, social ethics or harms public interests and belongs to Objects not subject to patent rights;

4. Whether the applicant has paid the application fee, etc.

According to the provisions of the Patent Law, the Patent Office initially conducts preliminary inspections of utility model patents and design patents. The main contents of the review are:

1. Whether the writing of the application documents meets the requirements;

2. Whether the modification of the document exceeds the legal limit;

3. Whether the applicant's qualifications are legal, and whether the foreign applicant has entrusted a legal agency to handle the patent Application;

4. Whether the utility model or design violates the law, social morality or harms public interests, and whether it is an invention that is not subject to patent protection;

5. Whether the application meets the requirements of unity;

6. Is there any possibility of repeated authorization;

7. Whether you are a subsequent applicant for two identical utility model or design patent applications, etc.

It can be seen from the above that the preliminary examination of utility models and designs includes both format examination and some necessary substantive examination.

Through the above Analysis shows that according to the provisions of the Patent Law, patent rights cannot be obtained after applying for a patent. After a patent application is made, if no reason for rejection is found, the Patent Administration Department of the State Council will make a decision to grant the patent right and issue the corresponding patent certificate. Patent rights. If you need legal help, readers can go to the Legal Savior Network for consultation.