Article 34 of the Patent Law; 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 after 18 months from the date of application. The patent administration department of the State Council may publish its application as soon as possible upon the request of the applicant.
Article 35 of the Patent Law Within three years from the date of filing, the administrative department for patent in the State Council may, at any time, conduct substantive examination of the application upon the request of the applicant; 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.
Where an application for a patent for utility model or design is rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant a patent for utility model or design, issue a corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.