How many years is the validity period of the patent substantive examination request?

The time limit for the request for examination of patent substance is three years. And calculated from the date of application. According to the relevant laws and regulations, within three years from the date of filing, the administrative department for patent in the State Council may, at any time upon the request of the applicant or when it deems it necessary, conduct substantive examination of the patent application.

legal ground

Article 35 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.