What are the conditions for applying for accelerated examination of invention patents
(1) Applications for invention patents requested for accelerated examination are limited to those that have been published, An application that has submitted a substantive examination request and paid the substantive examination request fee, but has not yet started substantive examination.
(2) The reasons for requesting accelerated examination are limited to the following: 1. 1. The invention involved in the application is of great significance to national interests or public interests; 2. After the patent application is published, others implement the invention, which has a significant impact on the applicant’s interests; 3. Involves using the applied invention as an intangible asset important investment projects.
(3) To request accelerated examination, the following documents and Evidence: 1. "Declaration Form for Accelerated Examination of Invention Patent Application" (see attachment), in duplicate; 2. Notice of acceptance of patent application; 3. Notice of announcement of invention patent application and entry into substantive examination procedures; 4. Invention patent Application disclosure instructions; 5. Proof of identity of the applicant, such as ID card, business license, etc.; 6. Other supporting materials related to technical level, economic and social benefits, imitation by others, etc.
If there are no problems, it may be authorized within a year. However, there is no guarantee that it will be authorized, because issues such as novelty and inventiveness will be examined during the substantive examination stage. If there are some substantive defects that cannot be modified, or the conditions for authorization are still not met after modification, it may be rejected.
For invention patents, except for some In addition to invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, substantive examination and authorization announcement. Under normal circumstances, they will be announced 18 months after acceptance, and then proceed to the substantive examination stage, which usually takes 3 years. It may take around 10 years to obtain authorization, but longer time cannot be ruled out. In order to speed up the time limit for obtaining patent rights, you can apply for early publication, so that after passing the preliminary examination, it will be announced and then enter the practical examination stage, which can speed up the authorization process.
Expediting patent substantive examination
In addition, in some special circumstances, you can also make a request for accelerated review, but the procedure is more complicated. , the cost will also be higher.
For utility models and exterior designs, it is necessary to go through During the acceptance, preliminary examination and authorization announcement stages, since no substantive examination is required, the time for obtaining authorization for utility models and industrial designs is relatively short, generally between 6 and 10 months.
As for your question "What are the conditions for applying for accelerated examination of invention patents?", the editor of Legal Savior Network has sorted it out. If the invention involved in the application is of great significance to national interests or public interests; in the patent application disclosure After that, if others implement the invention, it will have a significant impact on the applicant's interests; if it involves an important project that uses the applied invention as an investment in intangible assets, the substantive review can be accelerated. If you have any questions, please consult the lawyers of the Legal Savior Network.
