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How long will the patent acceptance notice come down?
1, patent acceptance notice has the following situations:
(1) Appearance patent: Receive the notification of acceptance from the Patent Office within five working days, and issue the patent application number within about one week, that is, the patent number of the future patent certificate. After receiving the Notice of Patent Authorization about five months from the date of application and paying the certificate fee as required, the Patent Certificate will be issued about two months. The whole application period is about half a year, and the validity period is 10 year;
(2) Patent for utility model: I received the "Notice of Patent Acceptance" from the Patent Office in a week or so, giving the patent application number. From the date of application, I received the Notice of Authorization from the Patent Office about 12 months. After paying the certificate fee as required, the patent certificate will be issued in about two months. The whole application period is about one year, and the validity period is 10 year;
(3) Invention patent: The patent application number will be issued in a week or so, that is, the future certificate patent number. It takes about three months to issue the notice of preliminary examination, six months to enter the preliminary announcement, nine months to enter the substantive examination, about 12 months to issue the notice of preliminary examination opinions, about 18 months to issue the notice of second examination opinions, about 22 months to authorize, and about two months to issue the certificate after paying the relevant certificate fees. The whole application period is about two years and the validity period is 20 years.
2. Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC).
After the patent right is granted, if the patent infringement is carried out for the purpose of production and operation without the permission of the patentee, the patentee or interested party may bring a lawsuit to the people's court to demand that the infringement be stopped and compensate for the losses. Article 11 After the patent right is granted, unless otherwise provided by law, the patentee shall not manufacture, use, sell or import the patented product of his invention or utility model without the permission of the patentee, and shall not use his patented method and use it for production and business purposes. Selling or importing products directly obtained by this method, or manufacturing, selling or importing patented products for design.
2. What are the documents to be submitted when applying for an invention patent?
To apply for a patent for invention, the following documents shall be submitted:
1. request: including the name of the invention patent, the name of the inventor or designer, the name and address of the applicant, etc.
2. Description: including the name of the invention patent, technical field, background technology, invention content, drawings and specific implementation methods;
3. The claim: explain the technical features of the invention, and clearly and concisely state the contents of the requested protection;
4. Drawings in the specification: Invention patents often have drawings. If the technical scheme can be clearly and completely described in words, there is no need to have drawings.
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