1. Patent substantive examination generally takes six to eighteen months, but the specific time depends on the content of the invention, the examiner’s understanding of the invention, the examiner’s work arrangements, and the relationship between the examiner and the applicant or other parties. The time it takes for documents to go back and forth between agents. The so-called substantive examination refers to the examination conducted by the National Patent Office on the novelty, creativity, practicality and other substantive contents of the invention applied for patent. Within 3 years from the filing date of an invention patent application, the National Patent Office may conduct a substantive examination of the application upon request made by the applicant at any time.
2. Legal basis
3. Article 35 of the "Patent Law" states that within three years of the application date for an invention patent, the patent administration department of the State Council may submit the application at any time based on the applicant's request. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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.
4. Article 39 of the "Patent Law", 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.
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