What are the time limits for utility model patent applications?
From application to obtaining the certificate, a utility model patent currently requires 5 About a month.
Utility model patent, also known as small invention or small patent, is the object of patent rights and the object of protection by patent law. It refers to utility models that should be granted patent rights 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.
1. For a design patent, it takes about 5 months from application to getting the certificate;
2. For utility model patents, it takes about 5 months from application to getting the certificate;
3. For invention patents, it takes about 2 months from application to getting the certificate Years or so.
Utility model patent application process
1. Application stage
Utility model application documents shall 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 a notice of examination opinion, and the applicant will proceed with the notice of examination opinion.Respond to the request or make modifications to the application documents.
Utility model patents only undergo preliminary examination, and there is no substantive examination like invention patent applications. It mainly examines 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 the examination of the following items:
Whether the application for a utility model patent obviously falls within the provisions of Article 5 and Article 25 of the Patent Law, or clearly does not comply with the provisions of Article 18 and Article 19, Paragraph 1 of the Patent Law, or Clearly inconsistent with the novelty and practicality provisions of Article 31, Paragraph 1, Article 33 of the Patent Law, Article 2, Paragraph 3, Article 22, Paragraph 2 or 4 of the Patent Law; Whether it is obviously inconsistent with the provisions of Paragraph 3 or 4 of Article 26, Paragraph 1 of Article 31, and Article 33 of the Patent Law, or the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law; The Patent Office shall notify the applicant of the examination opinion and require him to state his opinions or make corrections within a specified time limit; if the applicant fails to respond within the time limit, his application shall 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.
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