一、How long does it take from patent application to commercial production

18 months。

《Patent Law》Article 34

Where, after receiving an application for a patent for invention, the administrative department for patent under the State Council considers it to meet the requirements of this law after preliminary examination, it shall publish it at the end of 18 months from the date of application. The administrative department for patent under the State Council may, at the request of the applicant, publish the application at an early date.

二、patent application process

The application process of invention patent includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. An application for a patent for utility model or design has only three stages: acceptance, preliminary examination and authorization. The standard official fee for applying for invention patent is 3450 yuan, and the standard official fee for applying for utility model or design patent is 500 yuan.

Patent application process:

1、Acceptance by the patent office. To apply for a patent, the applicant shall first submit the patent application to the State Intellectual Property Office, submit the necessary application documents when submitting the patent application, and pay the relevant fees according to the regulations. After the applicant has submitted the patent application, the patent office shall determine the patent application date, give the application number and issue the acceptance notice.

2、Preliminary review. After accepting the application, the patent office will conduct a preliminary examination of the patent application. After passing the preliminary examination, it shall be published within 18 months from the date of application.

3、Announcement stage

An application for a patent for invention enters the stage of publication from the issuance of the notice of passing the preliminary examination. If the applicant does not make a request for disclosure in advance, it will not enter the preparatory procedure for disclosure until 18 months from the date of application. If the applicant requests to make public in advance, the application shall immediately enter the preparatory procedure for making public. After format review, editing and proofreading, computer processing, typesetting and printing.

4、Substantive review. If the substantive examination is qualified, the patent office will grant patent right to the applied utility model or design patent; if it is unqualified, the applicant shall modify the application documents accordingly, and grant the patent right if it is qualified, and reject the patent application if it is unqualified.

5、Grant a patent. After receiving the notice of granting patent right, the applicant shall go through the registration procedures. The applicant shall, within the prescribed time limit, pay the patent registration fee, annual fee and publication and printing fee, as well as the stamp duty on the patent certificate. The applicant may apply for the patent certificate only after going through the registration procedures.

It can be seen that it takes 18 months for a vaccine to apply for a patent to be put into commercial production. This 18 months is the time for the Patent Administration Department of the State Council to examine the applied patent and check whether it meets the patent standards. If it meets the standards, the application can be put into commercial production.