What certificate does the patent administrative department of the State Council issue to the patent application that complies with the provisions of the Patent Law?

The certificate issued by the State Council Patent Administration Department (China National Intellectual Property Administration) is only a patent certificate. Patents in China can be divided into three categories: invention, utility model and design, in which utility model and design applications can be announced for authorization after preliminary examination, while invention patent applications must go through two stages: preliminary examination and substantive examination, and authorization can only be announced if they pass preliminary examination and no reasons for rejection are found in substantive examination.

The relevant laws of People's Republic of China (PRC) Patent Law stipulate that:

Article 34

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, and shall publish it immediately 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 39

If the application for a patent for invention is 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.

Article 40

If the application for a patent for utility model or design is not found 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.