First, submit a patent application and undergo preliminary review by the Patent Office. The patent authority shall ascertain whether the application complies with the requirements of the Patent Law on application form. Second, early disclosure after preliminary review. After the Patent Office receives an invention patent application and determines that it meets the requirements after preliminary examination, it will be published 18 months from the date of application. The Patent Office may publish an application early upon the applicant's request. Third, substantive review. Within 3 years from the filing date of an invention patent application, the Patent Office may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn. When the Patent Office deems it necessary, it may conduct a substantive examination of an invention patent application on its own. Fourth, the authorization registration announcement. If no reason for rejection is found after substantive examination of an invention patent application, the Patent Office shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce the application at the same time. The invention patent right shall take effect from the date of announcement.
Legal Basis
Article 26 of the Patent Law of the People's Republic of China, when applying for a patent for invention or utility model, a request, description and abstract must be submitted and claims and other documents. Article 2: The inventions and creations mentioned in this Law refer to inventions, utility models and designs.