How long does it take from the publication of an invention patent to the actual examination?

Invention patent is one of the types of patents. To be granted a patent right, in addition to passing the formal examination, the applicant also needs to apply for a substantive examination. If no reason for rejection is found after the substantive examination, the patent right will be granted. Then the invention patent will be disclosed to the actual How long does the trial take? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. How long does it take from the disclosure of an invention patent to the actual examination

Invention patent application After a person applies for a patent, he must apply for substantive examination within 3 years from the date of application. If he fails to apply within the time limit, the application will be deemed to have been withdrawn.

"Patent Law of the People's Republic of China"

Article 35 Application for an invention patent shall be made from Within three years from the date of application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 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 and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.

2. Under what circumstances will an invention patent be rejected

If the Patent Office of the State Intellectual Property Office conducts a substantive examination of an invention patent application and finds that the application has the following circumstances, the application will be rejected:

(1) The subject of the application is not an invention;

(2) The subject of the application violates national laws, Social morality or harming public interests;

(3) The subject matter of the application belongs to a technical field in which patent rights are not granted;

(4)The subject matter of the application does not have novelty, creativity or practicality;

(5) The subject matter of the application does not comply with "Only one award can be granted for the same invention-creation" "Patent" provisions;

(6) The application description does not provide a clear and complete description of the invention; the application claims are not based on the description. Explain the scope of patent protection required;

(7) The subject matter of the application does not meet the unity requirements for invention patent applications;

(8) The modification of the application document or the divisional application exceeds the scope recorded in the original description or claims.

Through the above analysis, we know that according to the provisions of the Patent Law, within three years from the application date, the invention patent applicant can apply for substantive examination. Failure to apply within the time limit will be deemed to have been withdrawn. If no reason for rejection is found after substantive examination of an invention patent, the patent right shall be granted. If you need legal help, readers can go to the Legal Savior Network for consultation.