Legal analysis: within three years from the date of application, China National Intellectual Property Administration can conduct substantive examination of its application according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When necessary, China National Intellectual Property Administration can examine the application for a patent for invention on its own. After the publication of an application for a patent for invention, if the applicant has completed the procedure of requesting substantive examination, the application will enter the substantive examination procedure, and the Patent Office will issue a "Notice of Entering the Substantive Examination Stage" to the applicant. If the applicant fails to go through the formalities for actually hearing the request, the Patent Office will wait for the applicant to go through the formalities for actually hearing the request; If, after three years from the date of application, the applicant fails to make a request for actual trial or the request for actual trial does not take effect, the application shall be deemed to have been withdrawn.
Legal basis: Article 35 of the Patent Law of People's Republic of China (PRC). Within three years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.