Examination and approval procedures for utility model patent applications

The approval process of utility model patent application is: 1. The applicant filed a patent application according to law; 2. After accepting the case, the Patent Office shall conduct a preliminary examination according to law; 3. Upon examination, if no reason for rejection is found, the patent right shall be granted and the corresponding patent certificate shall be issued.

legal ground

Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. Article 40 If the application for a patent for utility model or design is not found to be 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 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. Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.