What kind of certificate is issued for patent application
Patent Administration Department of the State Council (National Intellectual Property Office) The only certificate issued by the Intellectual Property Office is the patent certificate. There are three types of patents in China: inventions, utility models, and designs. Utility model and design applications can be announced and authorized after passing the preliminary examination, while invention patent applications must go through two stages: preliminary examination and substantive examination, and preliminary examination is required. Authorization can be announced only if the application passes the examination and no reason for rejection is found in the substantive examination.
Relevant legal provisions of the "Patent Law of the People's Republic of China" ：
Article 34
After receiving the invention patent application, the patent administration department of the State Council , if it is determined through preliminary examination that it meets the requirements of this Law, it will be announced immediately 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 39
Where no reason for rejection is found after substantive examination of an invention patent application , the patent administration department of the State Council makes a decision to grant an invention patent right, issues an invention patent certificate, and registers and announces it at the same time. The invention patent right shall take effect from the date of announcement.
Article 40
Utility model and design patent applications have not been found after preliminary examination If there are reasons for rejection, the patent administration department of the State Council will make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
Invention categories based on the principle of unity of patent applicationType
Multiple inventions that comply with the rules of unity or belong to a general inventive concept mainly include the following six types:
(1) Two or more similar inventions of products or methods;
(2) Products and products dedicated to manufacturing the same Invention of products and methods;
(3) Invention of products and uses of the products;
(4) Products, methods dedicated to manufacturing the products, and inventions for implementing the methods and uses of the products;
(5) Products, dedicated Inventions of methods for manufacturing the product and equipment specially designed for implementing the method;
(6) Methods and equipment specially designed for implementing the method invention.
What certificate will be issued if the application is in compliance with the patent application? To apply for a national invention patent, you need to meet relevant conditions. It does not mean that your application will be approved. When applying for a patent, you must meet specific standards. Those who are eligible for patent applications must also understand the corresponding legal knowledge. At this time, you can obtain legal consultation on the Legal Savior website to learn more legal knowledge.
