Preliminary examination procedure of invention patent application

Legal analysis: After receiving the application for a patent for invention, the patent administrative department of the State Council, after preliminary examination, found it to be in conformity with the provisions of the Patent Law, and published it 18 months after 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.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 34 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 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 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.