Is there a time limit for invention patent application?

You are very happy when you have your own patent, so what should you pay attention to when applying for a patent? Don't regret it because time has passed. As long as you read the relevant content of the following article carefully, I hope your problem will be solved. Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Patent application time limit

(1) When applying for the same invention or utility model in China, the home country or foreign country is required to give priority The period of right is up to 12 months before the filing date;

(2) The period for a foreigner to claim foreign priority for the same design in China: up to 6 months before the filing date Within;

(3) When a foreign applicant requests foreign priority, the period for providing a certificate issued by the foreign patent acceptance authority is: within 3 months from the date of application;

(4) The invention is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government, or is published for the first time at a prescribed academic conference, or is not published in a prescribed academic meeting. If it is first published at a conference or leaked by others without the applicant's consent, the period of novelty will not be lost: within 6 months before the application date;

(5) Submit The period for certification of the above-mentioned exhibitions and academic conferences: within 2 months from the date of application;

(6) The invention involves new microorganisms, microbiological methods or their products , and the microorganism used is not available to the public, the date of depositing the microorganism: before the application date, and at the latest to the application date;

(7) Submit the above-mentioned microorganism Deadline for deposit certificate and survival certificate: within 3 months from the date of application;

(8) Deadline for payment of patent application fee: within 2 months from the date of application ;

(9) The Deadline for voluntary modification of an invention patent application: when submitting a request for substantive examination and when responding to the first examination opinion;

(10) The deadline for voluntary modification of a utility model or design patent application: within 3 months from the filing date;

(11) Invention patents published earlyTime limit: 3 years from the date of application (or priority date);

(12) Time limit for requesting substantive examination for invention patent applications: from the date of application (or Within 3 years from the priority date;

(13) The period for paying maintenance fees for invention patent applications is from: two years from the filing date, starting from the 3rd year, Pay annually;

(14) Deadline for filing a divisional application: before the original case authorization notice is issued;

(15) The time limit for filing an administrative review: within 15 days after receiving the notice from the Patent Office;

(16) According to Article 7 of the Rules, the time limit for requesting restoration of rights: Within 2 months after receiving the notification;

(17) The applicant’s request for review period: Within 3 months after receiving the rejection decision; (18) Application If a person is dissatisfied with the reexamination, the time limit for filing a lawsuit in court: within 3 months from the receipt of the reexamination decision;

(19) The time limit for handling patent registration procedures: from the time of receipt of the notice Within 2 months;

(20) Invention patent right period: 15 years from the filing date for applications before 1993, and 15 years from the filing date for applications after 1993 20 years;

(21) Utility model or design patent right term: 5 years from the filing date for applications before 1993, renewable for 3 years, 1993 For applications after 10 years, it will be 10 years from the date of application;

(22) Deadline for application maintenance fee and annual fee: within 6 months from expiration or expiration ;

(23) The period for filing a patent license contract or transfer contract with the Patent Office: within 3 months from the effective date of the contract;

(24) Limitation of action for patent infringement: within 2 years from the time when the patentee should have known that the infringement occurred;

(25) Request The period for compulsory licensing of patents: 3 years from the date of issuance;

(26) If the patentee is dissatisfied with the compulsory license or its fee decision, he may submit it to the court The deadline for filing a lawsuit is: within 3 months from receipt of the decision;

(27) If you are not satisfied with the decision to handle the infringement, the time limit for filing a lawsuit in court is: 3 months from receipt of the decision.

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