It takes approximately eighteen months to three years to complete the patent application process. According to relevant legal provisions, an application for an invention or utility model patent needs to go through an 18-month preliminary review and a three-year substantive review, while an application for a design patent needs to go through an 18-month preliminary review.
Legal Basis
Article 26 of the Patent Law that will take effect on June 1, 2021
To apply for an invention or utility model patent, you must submit Documents such as request, description, abstract and claims.
Article 34
After the patent administration department of the State Council receives an application for an invention patent and determines upon preliminary examination that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35
Within three years from the filing date of an invention patent application, the patent administration department of the State Council may conduct a substantive examination of the application upon request made by the applicant at any time; the application If a person fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 39
If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue an invention patent certificate. be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.