Legal analysis: substantive examination is a necessary stage of invention patent application before authorization. The purpose of substantive examination of an application for a patent for invention is to determine whether the application for a patent for invention should be granted a patent right, especially whether it conforms to the provisions of the Patent Law on novelty, creativity and practicality. The substantive examination procedure is usually initiated by the applicant at his request. If the application for a patent for invention is not found to be rejected after substantive examination, the Patent Office will make a decision to grant the patent right for invention.
Legal basis: 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 in the State Council may examine the application according to the request made by the applicant 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.