1, the first step, the parties shall submit the request, specification and its abstract, claims and other documents;
2. In the second step, the patent administration department will conduct a preliminary examination within 18 months, and if it meets the requirements, it will immediately announce it;
Step 3: If the application for a patent for invention has passed the substantive examination within three years from the date of application, a patent certificate for invention will be issued.
legal ground
Article 26 of the Patent Law, which came into effect on 202 1 June1day.
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.