What are the regulations for the application period for utility model patents?

A new practical solution proposed for the appearance and structure of a certain product is called a Utility model. If such a solution wants to be protected by the state, it must apply for a patent. Everyone knows that applying for a utility model patent requires paying a patent application fee, but do you know what the regulations are for the application period for a utility model patent? Next, the editor of Legal Savior Network will introduce it to you in detail. Please read below for details.

1. What are the regulations on the application period for utility model patents

Utility model patents are also called Small inventions or small patents are the object of patent rights and the objects protected by patent law. They refer to utility models for which patent rights should be granted according to law. Utility models usually refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Its application is divided into application stage, review order acceptance and authorization stage, and the general time is about 6 months.

2. Application process for utility model patent

1. Application Stage

Utility model application documents should include: utility model patent request, description, description drawings, claims, abstract and abstract drawings. A utility model patent application must have a description and accompanying drawings. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.

2. Examination stage

China implements a preliminary examination system for utility model patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client protected by the utility model patent. If there is a client who is not protected by the utility model patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.

Utility model patents only undergo preliminary examination, and there is no substantive examination like invention patent applications. The main examination is whether the utility model patent application has the documents stipulated in Article 26 of the Patent Law and other necessary documents, whether these documents comply with the prescribed format, and includes examination of the following items:

Whether a utility model patent application clearly falls under Article 5 of the Patent Law?The provisions of Article 25, or are obviously inconsistent with the provisions of Article 18, Article 19, Paragraph 1 of the Patent Law, or are clearly inconsistent with the provisions of Article 31, Paragraph 1, or Article 33 of the Patent Law Article 2, Paragraph 3 of Article 2, Paragraph 2 or 4 of Article 22 of the Patent Law regarding novelty and practicality; whether it is obviously inconsistent with Paragraph 3 or Paragraph 4 of Article 26 of the Patent Law , Article 31, Paragraph 1, Article 33, or the patent right cannot be obtained in accordance with Article 9 of the Patent Law; the Patent Office shall notify the applicant of the examination opinions and require him to state his opinions within a designated period Or make supplements and corrections; if the applicant fails to respond within the time limit, his or her application will be deemed to have been withdrawn. After the applicant has stated its opinions or made corrections, if the Patent Office still considers that the application does not comply with the provisions listed in the preceding paragraph, it shall reject it.

3. Authorization stage

(1) Authorization: After passing the preliminary review, the examiner will Issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.

(2) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures. This period is about 2-3 months.

From the brief introduction above, we can know that utility model patents are divided into three stages: application, review, and authorization. Half of the application cycle is about 6 months. If you still want to know more about utility model patents, you can consult the online professional lawyers on the Legal Savior Network website, who will provide you with more comprehensive answers.