Food patent application process: 1, the parties submit a written patent application; 2. After receiving an application for a patent for invention, the administrative department for patent in the State Council, if it meets the requirements after preliminary examination, shall publish it eighteen months after the date of application; 3, an application for a patent for invention within three years from the date of application, after substantive examination found no reason for rejection, issued a patent certificate for invention.
Legal objectivity:
Article 26 of the Patent Law Where an applicant applies for a patent for invention or utility model, he shall submit a written request, a specification and its abstract, a patent claim and other documents. Article 34 of the Patent Law 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 filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 of the Patent Law Within three years from the date of filing, the administrative department for patent in the State Council may, at any time, conduct substantive examination of the application upon the request of the applicant; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Article 39 of the Patent Law If an application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a 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.