After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure. If the applicant fails to make a request for real trial within three years from the date of application, or the request for real trial does not take effect, the application shall be deemed to have been withdrawn. If the application for a patent for invention is not found to be rejected after substantive examination, the Patent Office will issue a notice of authorization and a notice of registration. After receiving the authorization notice and registration notice, the applicant shall go through the registration formalities and pay the prescribed fees within two months according to the requirements of the notice. If the registration formalities are overdue and the prescribed fees are paid, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register and announce it in the patent gazette, and the patent right will take effect as of the date of announcement. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right. Therefore, it is uncertain when the invention patent will be authorized after it is published. Accurately speaking, it should be qualified in the substantive examination, and no reason for rejection was found. Only by completing the registration procedures and paying the prescribed fees within the time limit specified in the notice can the invention patent be granted.
legal ground
Article 34 of the Patent Law of People's Republic of China (PRC). 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 within 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.