1, the time of patent substantive examination stage is uncertain, generally 6- 18 months. It depends on the content of the invention, the examiner's understanding of the invention, the examiner's work arrangement, and the time between the examiner and the applicant or his agent.
2. Legal basis: Article 35 of People's Republic of China (PRC) Patent Law.
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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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
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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Second, how to get to the patent application process?
The process of patent application is as follows:
1, apply to the national patent administration department;
2. Submit application materials as required;
3. Conduct preliminary examination after acceptance;
4, announced immediately after the trial;
5, according to the request of the applicant for substantive examination;
6, after substantive examination, authorized to issue a patent certificate for invention, at the same time to be registered and announced.