How long is the response period for invention Patent applications?
Invention patent applications are issued for preliminary examination The publication stage begins with the notification of qualification. If the applicant does not make a request for early disclosure, it will not enter the disclosure preparation process until 15 months from the date of application. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette about three months later and a separate specification will be published. After the application is published, the applicant obtains the right to temporary protection. Obtain patent authorization letter.
Invention Patent Precautions
(1) When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted. The request shall state the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters.
(2) The description shall provide a clear and complete description of the invention or utility model, subject to the ability of a skilled person in the technical field to implement it; when necessary, There should be pictures attached.
(3) The abstract should briefly describe the technical points of the invention or utility model. The claims should be based on the description and describe the scope of patent protection required. When applying for a design patent, a request and documents such as pictures or photos of the design should be submitted, and the products using the design and the categories to which they belong should be specified.
(4) The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application. Within twelve months from the date when the applicant first files a patent application for the invention or utility model in a foreign country, or from the date of appearance designIf a patent application is filed in China on the same subject matter within six months of the first filing of a patent application in a foreign country, the agreement shall be based on the agreement signed between the foreign country and China or an international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. , can enjoy priority.
(5) Within twelve months from the date when the applicant first filed a patent application for the invention or utility model in China, he filed another application for the same patent with the Patent Office. If you file a patent application on the subject matter, you will enjoy priority. If the applicant claims priority, he shall make a written statement when applying and submit a copy of the first patent application document within three months; if the applicant fails to make a written statement or fails to submit a copy of the patent application document within the time limit, the applicant shall be deemed to have No priority claimed.
(6) An invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application. A design patent application shall be limited to one design used in one product. Two or more designs for products of the same category that are sold or used in sets can be submitted as one application. An applicant may withdraw its patent application at any time before patent rights are granted. Applicants may modify their patent application documents, but modifications to invention and utility model patent application documents shall not exceed the scope recorded in the original description and claims, and modifications to design patent application documents shall not exceed the original pictures or photographs. range.
(7) An invention patent refers to a patent granted for a brand-new solution to an existing technical problem arising from creative activities. Inventors can apply for patents for their inventions from the patent authorities in accordance with the law. Therefore, it is necessary to fill out an invention patent application form. Issues that should be paid attention to when filling out an invention patent application include: To apply for an invention patent, you must submit an invention patent request, specification, claims, summary of the specification and other documents. The application documents must be made in duplicate. Photocopies are allowed, but the applicant or agency must sign The seal cannot be copied; the application form must be filled out in Chinese. If there is no unified Chinese translation of the foreigner's name and place, the original text should be indicated: If this form cannot be filled in, you can attach a separate white paper to fill in, but it must be the same size and quality as this form. , when continuing, the column number should be indicated; other matters needing attention should be handled in accordance with the requirements of the Patent Office.
The above content is the relevant answer. The response period for invention patents is generally within a few months. The specific matter depends on whether the review is smooth. If If it doesn't go well, you need to wait a little longer. After the invention patent application is successful, others can charge fees when they need to use it. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
