It takes 4 to 8 months to apply for a patent for utility model. If the application for a patent for utility model is not rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model, issue the corresponding patent certificate, and register and announce it at the same time. The patent right of utility model shall take effect as of the date of announcement.
Legal objectivity:
Article 34 of the Patent Law of People's Republic of China (PRC) * * * 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, shall immediately publish it 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. Article 35 of the Patent Law of People's Republic of China (PRC) * * * Within three years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of the application 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. 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.