Is there a publicity period for patent applications?

If a patent wants to be protected by law, the patent inventor needs to apply for Patent rights. The application for patent rights must be submitted to the Patent Administration Department of the State Council. If there is no reason for rejection after verification, the patent right will be granted. So is there a publicity period for patent applications? The following is determined by law The editor of Savior.com gave the answer. I hope the following knowledge will be helpful to readers.

1. Whether there is a publicity period for patent applications

Patents granted by the patent management department After the patent is granted, an announcement must be made, but there is no clear provision on the period of announcement. The patent right generally takes effect from the date of 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. Conditions for granting patent rights

According to the provisions of my country's patent law, patent rights for inventions and utility models must be novel, creative, and practical.

1. Novelty means that the same invention or utility model has not been publicly published in domestic or foreign publications before the filing date, or has been publicly used at home or abroad. has been demonstrated to the public in other ways and has become known to the public. At the same time, no other person has applied for the same invention or utility model to the patent administration department of the State Council and recorded it in the patent application documents published after the application date. According to the provisions of the "Patent Law of the People's Republic of China", "If an invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost:

(1) Exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;

(2) Published for the first time at a prescribed academic conference or technical conference;

(3) Others leak the content without the consent of the applicant.

2. Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress. The utility model has Substantive features and advancements.

3. Practicality means that the invention or utility model can be manufactured and used and can produce positive effects. The grant of a design patent right shall be consistent with the fact that it is not identical or similar to the design that has been publicly published in domestic and foreign publications or publicly used at home and abroad before the filing date, and shall not conflict with the legitimate rights and interests previously obtained by others.

The above is what the editor has compiled for this issue. After the patent management department grants the patent right, it must make an announcement, but there is no clear regulation on the period of announcement. , the patent right is generally effective from the date of announcement. If you need legal help, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has professional lawyers to answer your questions.