Legal analysis: The first patent application is submitted and undergoes preliminary review by the Patent Office. The second is early disclosure after preliminary review. Third, substantive review. Fourth, the authorization registration announcement. If no reason for rejection is found after substantive examination of the invention patent application, the Patent Office shall make a decision to grant the invention patent right and issue an invention patent certificate.
Legal basis: "Patent Law of the People's Republic of China"
Article 26 To apply for an invention or utility model patent, a request, description and abstract shall be submitted and claims and other documents.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.
Article 27 When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photos submitted by the applicant should clearly show the design of the product requiring patent protection.
Article 34: After the patent administration department of the State Council receives an invention patent application and determines upon preliminary examination that it meets the requirements of this Law, it shall publish it immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.