What is the substantive examination of the invention patent?

The substantive examination of the invention patent refers to the patent office's examination of the novelty, creativity, practicality and other substantive contents of the patented invention submitted by the applicant. When requesting substantive examination, the applicant shall submit reference materials related to his invention before the application date.

legal ground

Article 35 of the Patent Law of People's Republic of China (PRC)

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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 of the Patent Law of People's Republic of China (PRC)

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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.