1. How long does it take from acceptance to publication of an invention patent?
How long does it take for an invention patent to be published? How long it takes from application acceptance to publication depends on the specific circumstances, and invention patent applications must apply for substantive review within three years from the filing date.
"Patent Law of the People's Republic of China"
Article 34 Patent Administration Department of the State Council After receiving an invention patent application, if it is determined through preliminary examination that it meets the requirements of this Law, it will be published 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 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct substantive review of the application upon request made by the applicant at any time. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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. Want to add more applicants after receiving the patent application acceptance notice What to do
Actually, as long as you haven’t finalized the patent yet and just got the patent application acceptance notice, you can add more applicants if you want. Yes, because you can apply for changes.
However, because in practiceThe situation is different. It is recommended that you consult the Intellectual Property Office and other relevant departments or consult a professional intellectual property lawyer before handling the matter.
Generally speaking, when changing the patentee, you must first fill out the "Declaration Form for Change of Bibliographic Items" and provide documentation proving the change of bibliographic items.
p>
The certification materials for changes in the bibliographic items mainly refer to the following things:
1. Applicant Or if the patentee’s rights are transferred due to a dispute over ownership of the rights and the inventor is changed due to a dispute over qualifications, if the dispute is resolved through negotiation, then a rights transfer agreement signed or stamped by all parties must be submitted;
If the dispute is determined by a People's Court judgment, submit the legally effective People's Court judgment. After receiving the judgment, the Patent Office will notify other parties to check whether to file an appeal. If there is no reply within the specified time limit (two months) or it is clear that there is no appeal, the judgment will become legally effective; if an appeal is filed, the party concerned must issue a notice of acceptance of the appeal, and the original People's Court judgment will not have legal effect.
If the dispute is mediated and decided by the local Intellectual Property Office (or corresponding functional department), after receiving the mediation decision, the Patent Office must notify other parties to inquire whether to file a lawsuit in court; in the designated If there is no reply within the time limit (two months) or it is clear that no lawsuit has been filed, the mediation decision will have legal effect; if a lawsuit is filed, the party concerned must issue a court acceptance notice, and the original mediation decision will not have legal effect.
2. If a patent applicant or patentee has a transfer of rights due to the transfer or donation of rights and requests to change the patent applicant or patentee, the original or the copy of the transfer or donation contract must be submitted. Notarized copy.
The contract is entered into by a legal person and must be signed or stamped by the legal representative or an authorized person and stamped The official seal or contract-specific seal of the legal person, and notarized documents must be submitted when necessary.
3. If the applicant or patentee is a legal person, due to merger, reorganization, or division Changes in bibliographic items caused by cancellation, bankruptcy or restructuring must produce legally binding documents.
4. Inheritance due to the death of the applicant or patentee , you must submit a document issued by a notary public proving that the party is the only legal heir or that the party has included all legal heirs.
Also, if you change the patent, you need to pay a bibliographic item change fee (200 yuan), which should be paid within one month from the date of filing the request.
Through the above analysis, we know that according to the provisions of the Patent Law, how long it takes from application to publication of an invention patent depends on the specific circumstances, and the initial The time limit for review is 18 months, and the time limit for practical review is 3 years. If there is no reason for rejection after substantive review, the invention patent right will be granted. If you need legal help, readers can go to the Legal Savior Network for consultation.
No comments yet. Say something...