Legal analysis: it usually takes 12 to 18 months to enter the actual trial. The time to enter the substantive examination is within three years from the date of application. The request for substantive examination shall be filed within three years from the date of application, and the substantive examination fee shall be paid within this time limit. What needs to be noticed by the parties is that if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be regarded as withdrawn.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.
Legal basis: Article 4 of the Patent Law of People's Republic of China (PRC). Where the invention-creation for which a patent is applied involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.