How long will it take to authorize the invention patent after the actual trial?

For invention patents, the Patent Office needs to conduct substantive examination. If it passes the examination, the patent office needs to grant a patent authorization within a certain period of time. Generally 6- 18 months. After applying for a patent for invention, the applicant may, within three years from the date of application, apply to the patent administration department for substantive examination.

The rejection of an application for a patent for invention is as follows:

China National Intellectual Property Administration Patent Office will reject an application for a patent for invention in any of the following circumstances:

(1) The subject of the application is not an invention;

(2) The applicant violates national laws, social ethics or damages public interests;

(3) The subject matter of the application belongs to the technical field where the patent right has not been granted;

(4) The application theme is not novel, creative and practical;

(5) The subject matter of the application does not conform to the provision that only one patent can be granted for the same invention-creation;

(6) The description of the application does not give a clear and complete description of the invention and creation; The patent claim applied for is not based on the specification, indicating the scope of patent protection;

(7) the theme of the application does not meet the requirements of the singularity of the application for a patent for invention;

(8) The modification of the application documents or divisional application is beyond the scope recorded in the original specification or claims.

Legal basis:

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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 36 of the Patent Law of People's Republic of China (PRC)

When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date.

Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country 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.