Applications that enter the actual trial procedure will wait for the actual trial in the order of entering the actual trial procedure. In the actual trial, the examiner will, on the basis of retrieval, conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law. Upon examination, if it is found that it does not meet the authorization conditions or there are various defects, it shall notify the applicant to state his opinions or make amendments within the specified time (the time limit for the first review of the reply notice is 4 months). If the applicant fails to reply within the specified time limit, the application shall be deemed to be withdrawn. After at least one reply or amendment, it still does not meet the requirements, and the application is rejected. Due to the complexity of the actual trial, the review period generally takes 1 year or longer.
Legal basis: Article 35 of the Patent Law of People's Republic of China (PRC). Within three years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.