Legal analysis: the substantive examination of the invention is conducted in the actual examination department of the patent office. Examiners evaluate the novelty, creativity and practicability of the patent application by searching domestic and foreign patent documents and public publications, and also review whether the writing of patent documents meets the requirements, such as whether it meets the requirements, whether it is single, whether it is fully open, whether it is beyond the scope, etc. The substantive examination must be carried out after the invention is published. According to the law, the publication is carried out within 18 months from the date of filing. Some applicants are willing to disclose their inventions in advance, so there will be patent applications published within 6- 10 months. Usually, the examiner in the actual trial stage will send at least one notice of examination opinions to the applicant or his agent, and the examination opinions can reflect the possibility of the invention being authorized and the existing defects. Review opinions generally include format errors, novelty problems, creativity problems, full openness problems, oneness problems and so on. The time for examination of patent substance is uncertain, generally 6- 18 months, which depends on the content of the invention, the examiner's understanding of the invention, the examiner's work arrangement and the time for documents to travel back and forth between the examiner and the applicant or his agent.
Legal basis: Article 3 of the Patent Law of People's Republic of China (PRC), the State Council Patent Administration Department is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.