1. It takes three years to authorize an invention patent. However, it needs to go through substantive examination procedures, and the patent right after patent authorization is highly stable; Patents for utility models and designs need not go through substantive examination procedures, so they can be authorized quickly. Generally, utility models can be authorized within six to twelve months from the date of application, and designs can be authorized within about six months from the date of application.
2. Legal basis: Article 26 of the Patent Law of the People's Republic of China
Where an applicant applies for a patent for invention or utility model, he shall submit a request, a specification, an abstract thereof, a patent claim and other documents.
the request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
the description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; When necessary, there should be attached drawings. The technical points of the invention or utility model should be briefly explained.
the patent claim shall clearly and concisely define the scope of patent protection based on the specification.
for an invention-creation that relies on genetic resources, the applicant shall state the direct source and original source of the genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall state the reasons.
II. What is the application process of invention patent
The application process of invention patent is as follows:
1. Apply for a patent with the Trademark Office;
2. Submit the application, specification and its abstract, claims and other documents;
3. The Trademark Office conducts a preliminary examination;
4. Make an announcement;
5. file an application for substantive examination with the Trademark Office;
6. After passing the examination, a patent certificate for invention will be issued, registered and announced at the same time.