Will the Patent Office deny authorization after the patent is accepted?

Nowadays, more and more individuals and companies are applying for patents, but they may not be authorized after the patent is accepted, because there is no necessary relationship between acceptance and authorization. Application documents will be accepted if they meet the requirements in form and a fee is paid, but authorization needs to be reviewed. Regarding the issue of patent office authorization after patent acceptance, the editor of Legal Savior Network will give you detailed answers below.

1. Will the Patent Office deny authorization after the patent is accepted?

1. After a patent is accepted, it may not be granted because there is no necessary relationship between acceptance and whether to grant it, and it mainly depends on the content and drafting of the patent.

2. The situation of each case is different. As long as the application documents meet the formal requirements and the fee is paid, the patent office will accept it, and whether it is authorized needs to be reviewed. of.

3. Legal basis: "Patent Law of the People's Republic of China"

(1) Article Article 34 After the patent administration department of the State Council receives an invention patent application and determines upon preliminary examination that it meets the requirements of this Law, it shall publish it 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) Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right. An invention patent certificate is issued, registered and announced at the same time. The invention patent right shall take effect from the date of announcement.

2. What is the process from application to authorization for an invention patent?

1. Provide a disclosure letter and entrust an agency to write the application documents, which usually takes 20 days to a month;

2. Submit the application documents, obtain the acceptance notice from the Patent Office, determine the application date, and submit an advance disclosure statement and request substantive examination on the day of submission, which can speed up the examination process;

3. The Patent Office will conduct a formal review of the patent application documents, which will take about 2-3 months. After passing the preliminary review, it will enter the public preparation stage;

4. The Patent Office publishes invention application documents in about 6-8 months;

5. The Patent Office Substantial examination of invention patent documents takes about one to two years. During this period, the examiner communicates with the applicant on the essential content of the invention, that is, the novelty, creativity and practicality. The back-and-forth communication may be repeated several times until the examiner is satisfied with the modifications;

6. The Patent Office issues an authorization notice;

7. The applicant applies for patent collection Certificate procedures;

8. Obtain the patent certificate after about 2-3 months. The whole process lasts about 2 years. The specific time depends on the examiner's review. The speed and the degree of detail of the applicant’s disclosure information.

After a patent is accepted, it may not be authorized, because there is no necessary relationship between acceptance and authorization, and it mainly depends on the content and drafting of the patent. Each case is different. As long as the application documents meet the formal requirements and the fee is paid, the patent office will accept it, and whether it is authorized needs to be reviewed. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.