Legal analysis: 1. Within three years from the date of filing, the patent administration department of the State Council may, according to the request made by the applicant at any time, conduct substantive examination on the application; 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 administrative department for patent in the State Council may, when it deems it necessary, examine the application for a patent for invention on its own. 2. When requesting substantive examination, the applicant for a patent for invention shall submit the reference materials related to his invention before the application date. Where an application for a patent for invention has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved by the country for examining its application or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
legal basis: article 35 of the patent law of the people's Republic of China. within three years from the date of filing, the patent administration department of the State Council may, upon the request of the applicant at any time, conduct substantive examination of the application; 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 administrative department for patent in the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.