How long does it take to examine the substance of invention patent?

the substantive examination of the invention patent takes three years. According to relevant laws and regulations, within three years from the date of application for a patent for invention, the administrative department for patent in the State Council may, at the request of the applicant, decide to conduct substantive examination of the application for a patent for invention according to law.

Legal basis

Article 35 of the Patent Law of the People's Republic of China, which came into effect on June 1, 221

Within three years from the date of filing, the patent administration department in the State Council may, upon the request of the applicant at any time, conduct substantive examination on 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

when the administrative department for patent in the State Council deems it necessary, it may examine the application for a patent for invention on its own.

Article 36

When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application.

where an application for a patent for invention has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the materials searched by the country for examining its application or the materials of 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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.