How long does it take for an invention patent to be granted?

There are no clear legal provisions on how long it takes for an invention patent to be granted. If a general invention patent meets the requirements after preliminary examination, it will be published eighteen months from the date of application. Then within three years from the date of application, the Applicant can apply to the Patent Office for substantive examination. If no reason for rejection is found after the examination, , the Patent Administration Department of the State Council can authorize and issue the applicant an invention patent certificate. Regarding the question of how long it takes for an invention patent to be authorized, the editor of Legal Savior Network will answer it in detail for you below.

1. How long does it take for an invention patent to be authorized

1. How long does it take for an invention patent to be authorized? It can be authorized, but there is no clear provision in the law. If a general invention patent meets the requirements after preliminary examination, it will be published eighteen months from the date of application. Then within three years from the date of application, the applicant can apply to the Patent Office for substantive examination. If no reason for rejection is found after the examination, , the Patent Administration Department of the State Council can authorize and issue the applicant an invention patent certificate.

2. Legal basis:

"Patent Law of the People's Republic of China" 26 Article 1: When applying for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.

Article 34 of the "Patent Law of the People's Republic of China", after the patent administration department of the State Council receives an invention patent application, it is determined upon preliminary examination 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.

Article 39 of the "Patent Law of the People's Republic of China", 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 The patent right is determined, an invention patent certificate is issued, and the invention is registered and announced at the same time. The invention patent right shall take effect from the date of announcement.

2. What is the patent application process

1. Acceptance by the Patent Office. To apply for a patent, the applicant should first submit a patent application to the State Intellectual Property Office. When submitting the patent application, he should submit the necessary application documents and pay relevant fees as required.related fees. After the applicant submits a patent application, the Patent Office determines the patent application date, gives the application number, and issues an acceptance notice.

2. Preliminary review. After the Patent Office accepts the application, it will conduct a preliminary examination of the patent application. After passing the preliminary review, it will be announced within 18 months from the date of application.

3. Publication stage?

? The invention patent application starts from the issuance of the preliminary examination qualification notice. Entering the publication stage, if the applicant does not make a request for early disclosure, it will not enter the disclosure preparation process until 18 months from the application 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.

4. Substantive review. If the substantive examination is qualified, the Patent Office will grant patent rights to the utility model or design patent applied for; if it is unqualified, the applicant should modify the application documents accordingly, grant the patent right if the application is qualified, and reject the patent application if it is unqualified.

5. Grant patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the registration procedures. The applicant shall pay the patent registration fee, annual fee and announcement printing fee within the prescribed time limit, and shall also pay stamp duty on the patent certificate. The applicant can obtain the patent certificate only after completing the registration procedures.

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