When does the right to apply for a patent manifest itself?

Applying for a patent refers to the act of applying for Patent rights from relevant national departments after the patentee has invented or created something. This act is generally a complex application act that takes a long time. So when does the right to apply for a patent manifest? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

When will the right to apply for a patent be realized

If no reason for rejection is found after substantive examination of the invention patent application, the Patent Administration of the State Council shall The department makes a decision to grant the 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.

Utility model and design patent applications have not been approved after preliminary examination If a reason for rejection is discovered, the patent administration department of the State Council shall make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce the same at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.

How to handle the registration procedures for granting patent rights

The Patent Administration Department of the State Council issues the grant of patent rights After receiving the notice, the applicant shall complete the registration procedures within 2 months from the date of receipt of the notice. If the applicant completes the registration procedures on time, the patent administration department of the State Council shall grant the patent right, issue a patent certificate, and make an announcement. Failure to complete the registration formalities upon expiration shall be deemed to have given up the right to obtain patent rights.

The invention patent applicant has been 2 years since the application date If the patent right has not been granted in the year, the application maintenance fee shall be paid from the third year.

When applying for registration, the applicant shall pay the patent registration fee, announcement printing fee and annual fee for the year when the patent right is granted. Applicants for invention patents shall also pay application maintenance fees for each year. Fees are not included in the year in which the patent right is granted. If the fees are not paid upon expiration, it will be deemed that the registration procedures have not been completed. Subsequent annual fees should be paid in advance within 1 month before the expiration of the previous year.

How to avoid repeated authorization

1. After issuing the authorization notice and registration formalities notice of the patent application When submitting the document, the applicant’s statement of relinquishment of another patent right in the document should be transferred to the corresponding process management department and recorded. When preparing for the authorization announcement, the corresponding process management department should also be notified of the issue date of the patent application authorization announcement; The corresponding process management department should register and announce the abandonment statement.

2. For declarations of relinquishment of patent rights voluntarily submitted by the holder of duplicate authorizations, the corresponding process management department may handle it in the manner described in item 1.

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