1, the patent has essential elements such as novelty, creativity and practicality;
2. The applicant shall submit the request, specification, abstract and claim to the applicant.
The time limit for examination and approval is: the time limit for preliminary examination is eighteen months from the date of application, and the time limit for substantive examination is three years from the date of application.
legal ground
Article 22 of the Patent Law, which came into effect on 202 1 June1day.
Inventions and utility models granted patent rights should be novel, creative and practical.
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
Article 34
After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.