The process of patent application is as follows:
1. Apply to the State Patent Administration Department according to law. And shall submit the application, instructions and other materials;
2. Preliminary review. That is, within 18 months after receiving an application for a patent for invention, the patent administration department will conduct a preliminary examination, and those that meet the requirements will be published;
3. Substantive review. That is, an application for a patent for invention shall be examined in substance within three years from the date of application;
4. Give authorization.
Legal objectivity:
patent law of the people's republic of china
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
patent law of the people's republic of china
Article 34
After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
patent law of the people's republic of china
Article 35
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time;
If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
patent law of the people's republic of china
Article 39
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.