1. What is the specific process of patent application
1. Apply for invention The patent process is divided into five stages: acceptance stage, preliminary examination stage, publication stage, substantive examination stage and authorization stage.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 34: After the patent administration department of the State Council receives an invention patent application, it shall, upon preliminary examination, determine that it complies with this Law. If required, it will be announced after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35: Within three years of the application date for an invention patent, the patent administration department of the State Council may, based on the request made by the applicant at any time, A substantive examination will be conducted on the application; if the applicant fails to request a substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
Article 36: When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date.
If an invention patent application has been filed in a foreign country, the Patent Administration Department of the State Council may require the applicant to submit within a specified period of time the information that the country searches for to review the application. or review results; if the application is not submitted within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
2. How many years is the protection period of an invention patent?
The protection period of Chinese invention patents is 20 years. If the patent annual fee is not paid as required or the patent rights are waived in writing, the protection period will be terminated early;
The term of invention patents is twenty years, and the term of utility model and design patents is ten years, both calculated from the filing date. Article 43: The patentee shall pay annual fees starting from the year when the patent right is granted.
If any of the following circumstances occurs, the patent right shall be terminated early before the expiration of the term:
1. Failure to pay the annual fee as required;
2. The patentee has given up the patent right in a written statement.
If the patent right is terminated early before the expiration of the term, it shall be registered and announced by the Patent Administration Department of the State Council. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.