The application for the patent of food formula is generally carried out in this way: the qualified person needs to submit the request, specification and abstract to the Patent Office. The patent office accepts and examines it step by step. If there is no reason for rejection after substantive examination, a patent right shall be granted, a patent certificate shall be issued and an announcement shall be made.
Legal objectivity:
Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents. 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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. Article 39 of the Patent Law of People's Republic of China (PRC) Where an application for a patent for invention is rejected after substantive examination, the patent administration department of 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.