1. How long does it usually take to apply for an invention patent?
How long does it take to apply for an invention patent? , it usually takes more than 18 months. If rapid review is required, the authorization can be granted in 12 months at the earliest.
It will be announced in eighteen months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 34 of the Patent Law of the People's Republic of China
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 a substantive examination of the application upon request made by the applicant at any time;
If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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.
2. Documents required to file a patent invalidation declaration
1. Announcement text of the patent to be invalidated (can be downloaded from the Internet);
2. Request for invalidation;
3. Reasons and evidence for invalidation;
4. Letter of attorney
5. Court summons (if anyIf so, it will speed up the process of obtaining the invalid request acceptance notice) The amount of the agency fee is related to the complexity of the case. We will analyze it on a case-by-case basis and give relevant quotations.
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