The applicant can apply for substantive examination after receiving the formal examination contract notice. The substantive examination period is within three years from the filing date of the patent application. If the application is not requested for substantive examination within three years without justifiable reasons, the application will be deemed to have been withdrawn. The patent administration department of the State Council will conduct a substantive examination of the application on its own only when it deems it necessary.
Legal Basis
Article 35 of the Patent Law
Within three years from the filing date of an invention patent application, the patent administration department of the State Council may If a request is made at any time, a substantive examination will be conducted on the application; if the applicant fails to request a substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.