Expedition procedure of invention patent

The examination of invention patents is very strict, because the substantive examination of invention patents needs to be carried out, and the application may take several years, which is very unfavorable for many enterprises. For the needs of commercial interests and market prospects, they will want to speed up the examination, so what is the urgent procedure for patent discovery?

1、 Expedition procedure of invention patent

1. Go through accelerated approval procedures with the provincial intellectual property office where it is located. Take Nanjing as an example, apply to the Patent Office of Jiangsu Intellectual Property Office. After communication with the management, the formal application documents are submitted as follows:

(1) Where it is required to accelerate the examination and approval of the invention patent.

(2) Identification of the applicant.

(3) Basic information of patent application (notification of patent application acceptance, disclosure of invention patent application, announcement of invention patent application, notification of entering substantive examination procedure, etc.).

(4) Evidential materials for accelerating substantive examination.

Among them, the reasons for accelerating substantive examination can be explained from the significance of the invention itself, technical level, economic benefits, social benefits, market prospects, industrialization prospects and the possibility of patent infringement. The supporting materials provided may include but are not limited to provincial and municipal engineering certificates, engineering contracts, engineering award certificates or key engineering certificates issued by the Science and Technology Bureau, the Drug Administration or the Environmental Protection Bureau. Copies of high-tech enterprise qualification certificates, technical appraisal reports, industry standards or other patented products. The request for accelerated examination and approval of a patent for invention may be drafted on its own without the need for a fixed format.

2. The applicant may entrust the Patent Search Center of the State Intellectual Property Office to conduct patent search and issue a search report to explain the novelty and creativity of the patent.

To sum up, all documents to be submitted include:

(1) Patent priority examination documents issued by the local intellectual property office.

(2) The search report issued by the Patent Search Center of the State Intellectual Property Office.

(3) Accelerate the examination and approval of the request for invention patent submitted by the applicant.

(4) The identity certificate of the applicant (pay attention to the joint applicant).

(5) Basic information of patent application (notification of patent application acceptance, disclosure of invention patent application, announcement of invention patent application, notification of entering substantive examination procedure, etc.).

(6) Evidential materials for accelerating substantive examination.

2、 How long does it take to obtain the patent right

Generally speaking, it takes about 3 years for an invention patent to be patented. The general invention patent will be published 18 months after the date of application. If the actual examination is proposed after the disclosure, it will generally be authorized after two links, which is more than two years. In short, it depends on the specific case situation and the examiner. The law does not limit the time for examination, but only the time for the applicant to respond (four months for one link, two months for two links and later).

3、 Requirements for urgent patent application

The first step is to give priority to the review if it conforms to the corresponding technical field. Whether a patent can apply for priority examination or not, it must first be an electronic application. If a patent is a paper application, no matter whether the patent conforms to the corresponding technical field, it is not eligible for priority examination.

The second is the stage of patent application. An application for a patent for invention may be implemented only after it has entered the stage of substantive examination. The application for a patent for utility model or design can be implemented only after the payment of the patent application fee.

After meeting the technical field and the conditions of patent application itself, we can start the priority examination procedure. At this time, we need to prepare the priority examination request, relevant supporting documents and existing technology.

To sum up, those who want to speed up the examination and approval of invention patents can go through the formalities of speeding up the examination and approval with the provincial intellectual property office where they are located. Of course, they also need to meet the corresponding conditions.