The applicant should submit a request for substantive examination within 3 years from the date of application. If the request is not submitted within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. If the applicant submits an advance disclosure statement, it can file a request for substantive examination at the same time or as early as possible. When submitting a request for substantive examination, a substantive examination request letter and relevant reference materials should be submitted, and a substantive examination request fee should be paid.
Legal basis:
"Patent Law"
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may, based on the application If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.