What is the limit on the number of patent examinations?

There is no limit to the number of patent examinations, but there is a time limit. The general period of preliminary examination is eighteen months, and the period of substantive examination is three years. According to the relevant laws and regulations, after receiving an application for a patent for invention, the patent administrative department of the State Council, after preliminary examination, finds that it conforms to the provisions of this law, and shall publish it after 18 months from the date of application. If the patent application passes the substantive examination within three years from the date of filing, a patent certificate for invention shall be issued.

legal ground

Article 34 of the Patent Law shall come into force on June 1 20265438.

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 application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 35

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examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

Article 39

If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the 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.