1. Application: The patent applicant submits an application to the China National Intellectual Property Administration Patent Office.
2. Preliminary examination: After receiving an application for a patent for invention, the patent administrative department of the State Council, after preliminary examination, finds that it conforms to the provisions of the Patent Law, and immediately announces 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.
3. Substantive examination: Within three years from the date of application, the administrative department for patent in the State Council may, upon the request of the applicant at any time, conduct substantive examination of the application. 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.
4. Registration: If the application for a patent for invention is not found to be 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.
5. Rejection of the application: if the patent administration department in the State Council considers the application for a patent for invention to be inconsistent with the provisions of the Patent Law after substantive examination, and the patent administration department in the State Council still considers it to be inconsistent with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall reject it.
6. Re-examination: If the patent applicant refuses to accept the decision of the the State Council Patent Administration Department to reject the application, he may, within three months from the date of receiving the notice, request a re-examination from the Patent Reexamination Board.
7. Invalid application: Any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law from the date when the patent administrative department of the State Council announced the grant of the patent right.