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Common problems with patent applications for inventions
RELEASE TIME:2017-07-04 BROWSE:3309

1, why should apply for patent as soon as possible?

Answer: our country patent application is taken for the principle of priority, according to the "patent law" article ninth: more than two applicants are the same invention patent provisions, the patent right shall be granted ", determine the application date is very important to apply for a patent would be. Once the core technology of others prior to an application for a patent for the first, will lead to a large number of research investment before and may bring about the cast to waste, huge economic losses to enterprises or individuals. Patent infringement cases are frequently encountered because they fail to apply for patent in time. Therefore, it is necessary to apply for patent as soon as possible.

2. What is the substance examination of the invention patent?

The substantive examination method is the patent examination department, the inspector by searching domestic and foreign patent documents and publications to evaluate the patent application of "novel" "creative" and "practical", but also on the writing of patent document is in accordance with the requirements of the examination, such as compliance with the "single" whether the "full disclosure", "modify scope" etc.. The substantive examination should be performed in the invention after the announcement, the law is published in the filing date of 18 months, some applicants are willing to advance disclosure of the contents of the invention patent application, so there will be open in the 6-10 months. Usually, the examiner at the trial stage will issue a notice of examination at least once to the applicant or his agent, and the examination opinion will reflect the possibility and defects of the invention. Examination opinions generally include format errors, novelty issues, creative issues, open, full, single issues, and so on. Patent examination time is not determined, is generally 6 to 18 months, depending on the invention of the content, the examiner member understand and review of the present work schedule and time inspector with the applicant or its agent between the reciprocating file.

3, how long is the patent protection time?

According to Article forty-second of the patent law, the period of invention patent right shall be twenty years, and the duration of the patent right of utility model and design patent shall be ten years, all of which shall be counted from the date of application.