Legal analysis: the utility model patent will not be examined in substance, and the application for utility model and design patent adopts the formal examination system, also known as the registration system. After receiving an application for a patent for invention, the Intellectual Property Office entered the preliminary examination stage. The so-called preliminary examination is to examine whether the patent application meets the formal requirements and obvious substantive defects stipulated in the Patent Law and its detailed rules for implementation. After preliminary examination, if the patent application does not meet the requirements in form or has obvious substantive defects, the Intellectual Property Office shall notify the applicant of its opinions, and the applicant shall make corrections within the prescribed or designated time limit. If no reply is made within the time limit, the application shall be deemed to have been withdrawn, and an application for reexamination shall be filed with the Patent Reexamination Board within the prescribed time limit. After the preliminary examination procedure of an application for a patent for invention is completed, if the preliminary examination conforms to the provisions of the Patent Law, the application shall be published at the expiration of 18 months from the date of application, and the Intellectual Property Office may also publish it in advance according to the requirements of the applicant.
Legal basis: Article 40 of the Patent Law of People's Republic of China (PRC) * * * If the application for a patent for utility model and design is rejected after preliminary examination, the patent administration department in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.