The substantive examination fee for an invention patent can generally be paid when the applicant applies for substantive examination to the Patent Office. The applicant should promptly submit a request for substantive examination to the Patent Office within three years from the date of application for an invention patent.
Legal Basis
Article 35 of the Patent Law of the People's Republic of China
Within three years from the date of application, the State Council shall The patent administration department may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
Article 36 of the "Patent Law of the People's Republic of China"
When an applicant for an invention patent requests substantive examination, he shall submit documents related to his invention before the filing date. References. If an application for an invention patent has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified time limit the information retrieved by that country for the purpose of reviewing the application or the information on the examination results; if the application is not submitted beyond the time limit without justifiable reasons, the application shall be deemed to be invalid. considered withdrawn.