1、 What processes are needed to apply for invention patents

The examination and approval procedure includes five stages: acceptance, preliminary examination, publication, actual examination and authorization.

1. Acceptance stage:

If the conditions for acceptance are met, the Patent Office will determine the application date, give the application number and verify the document list, then issue the acceptance notice to notify the applicant.

2. Preliminary review stage:

(1) Generally, the name of an invention shall not exceed 25 words. In special circumstances, the invention in the chemical field can be up to 40 words.

(2) Whether the invention names in the request, specification, request for confidentiality examination, request for substantive examination and letter of authorization for patent agency are consistent.

(3) The abstract of the manual shall not exceed 300 words. The chemical formula of the invention may be included.

(4) Whether the figure attached to the abstract is one of the figures attached to the specification.

3. Publication stage:

Where, after receiving an application for a patent for invention, the patent administration department under the State Council, after preliminary examination, finds that it is in conformity with the requirements of this Law, it shall publish it immediately after the expiration of eighteen months from the date of application. The patent administration department under the State Council may, at the request of the applicant, publish his or her application at an early date.

4. Substantive review stage:

Within three years from the date of application for a patent for invention, the patent administration department under the State Council may, at the request of the applicant at any time, examine the application in substance; If the applicant does not request substantive examination within the time limit without justified reasons, the application shall be deemed to have been withdrawn. Of course, when making a request for substantive examination, do not forget to pay the substantive examination fee.

5. Authorization phase:

Pay the authorized registration fee, annual fee and stamp tax within the time limit specified in the Notification of Registration Procedures.

2、 Payment of annual fee

The annual fees after the year in which the patent right is granted shall be paid before the expiration of the period of the previous year. Where the patentee fails to pay or fails to pay in full, the patent administration department under the State Council shall notify the patentee to make up the arrears within six months from the date when the annual fee should be paid expires, and at the same time pay a late fee; The amount of overdue fine shall be calculated as 5% of the full annual fee of the current year for each month beyond the specified payment time; If the annual fee is not paid at the expiration of the time limit, the patent right shall terminate as of the date when the annual fee should be paid.

3、 How long does it take for an invention patent to be applied for and authorized

In addition to some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, practical examination and authorization announcement. Generally, 18 months from the date of acceptance will be announced, and then the practical examination stage will be carried out. Generally, about 3 years will be allowed to obtain the authorization, but not excluding a longer time.

In order to speed up the time limit for obtaining the patent right, we can apply for early disclosure. In this way, after passing the preliminary examination, we will publish it and then enter the actual examination stage, which can speed up the progress of authorization. In addition, in some special cases, the request for accelerated review can be made, but the procedures are complex and the cost will be high.

The above is about what processes are needed to apply for invention patents. The process of applying for invention patent and the time required from application to authorization.