What does the examination of patent substance mean?

The meaning of substantive examination of patent: the Patent Office accepts the application filed by the applicant, and conducts formal examination on the substantive elements such as novelty, creativity and practicality of the invention or utility model patent to see whether it meets the conditions for granting patent right.

legal ground

Article 26 of the Patent Law of People's Republic of China (PRC)

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

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 conduct substantive examination 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. 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 40 of the Patent Law of People's Republic of China (PRC)

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.