Legal analysis: Generally, it takes about 18 months. After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination, it is deemed that it meets the requirements of this law, it will be effective after 18 months from the date of application. announced.
Legal basis: "Patent Law of the People's Republic of China"
Article 29: The date on which the applicant first files a patent application for an invention or utility model in a foreign country. Within twelve months from the date of first filing a patent application for a design in a foreign country, if another patent application is filed in China on the same subject matter, the foreign country shall file a patent application in accordance with the agreement signed between the foreign country and China or *** Priority may be enjoyed by international treaties to which the same party is a party, or in accordance with the principle of mutual recognition of priority. Within twelve months from the date of first filing a patent application for an invention or utility model in China, or within six months from the date of first filing a patent application for a design in China, the applicant shall submit the application to the Patent Administration Department of the State Council. Patent applications filed on the same subject matter can enjoy priority.
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 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.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; the applicant fails to make the request within the time limit without justifiable reasons. If the application is subject to substantive examination, the application will be deemed to have been withdrawn.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.