1. Whether the patent application is disclosed in advance
If required Yes, if not, it will be made public automatically after 18 months.
According to the provisions of the Patent Law, after the Patent Administration Department of the State Council receives an invention patent application and upon preliminary examination determines that it meets the requirements of this Law, the patent administration department shall, from the date of application, After eighteen months, it will be announced. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
The invention patent application process is: submission of application, preliminary examination, publication, actual examination, and announcement of authorization. If the disclosure takes eighteen months, it is announced. You can also apply for early announcement if necessary. An invention patent application enters the publication stage from the issuance of the preliminary examination qualification notice. If the applicant does not make a request for early disclosure, it will not enter the public preparation process until 15 months from the filing date. 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 and a single volume of the specification will be published in the Patent Gazette about three months later. After the application is published, the applicant obtains the right to temporary protection. Obtain patent authorization letter.
Article 34 of the Patent Law of the People's Republic of ChinaThe Patent Administration Department of the State Council receives an invention patent After application, if it is determined through preliminary review 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.
2. How long does it take to apply for a design patent?
The whole process takes about 5 months to a year. Submit the design patent request, pictures or photos and other materials to the Intellectual Property Office. The review will be completed in about 5 months from the application date, and you will receive knowledge The authorization notice issued by the Intellectual Property Office notifies you to pay the certificate fee and annual fee. You will receive the design patent certificate issued by the Intellectual Property Office about two months after the payment.
We can understand that whether a patent application is disclosed in advance depends on whether there is such a requirement. If so, it can be disclosed in advance. There are relevant provisions in the law. I hope everyone understands. The above-mentioned legal savior network small The editor has compiled relevant content for you. If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.
