The Patent Office may, within three years from the date of filing, make substantive examination of the application 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. In addition, the Patent Office may, when it deems it necessary, conduct substantive examination of the application for a patent for invention on its own, but it shall notify the applicant when it conducts its own examination.
Results of substantive examination of an application for a patent for invention If the Patent Office considers that the application for a patent for invention is not in conformity with the provisions of the Patent Law after substantive examination, it shall notify the applicant and ask him to state his opinions or amend the application within a specified time limit. If he fails to reply within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. If the Patent Office still considers that the application for a patent for invention does not conform to the provisions of the Patent Law after the applicant has stated his opinions or made amendments, it shall reject it. If the application for a patent for invention is not found to be rejected after substantive examination, the Patent Office shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it.
Examination and approval of the application for a patent for utility model and design If the application for a patent for utility model and design has not found reasons for rejection after preliminary examination, the Patent Office shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it.
Procedures and Legal Consequences for Revoking the Patent Right Within 6 months from the date of the announcement of the grant of the patent right, any unit or individual may request the Patent Office to revoke the patent right if it considers that the grant of the patent right is not in conformity with the relevant provisions of the patent right. After receiving the request for revocation of the patent right, the Patent Office shall conduct an examination, make a decision to revoke or maintain the patent right, and notify the requester and the patentee. The decision to revoke the patent right shall be registered and announced by the Patent Office. Anyone who refuses to accept the decision of the Patent Office to reject the application or the decision of the Patent Office to revoke or maintain the patent right may, within 3 months from the date of receiving the notice, request a reexamination from the Patent Reexamination Board. Anyone who applies to the Patent Reexamination Board for reexamination shall submit a request for reexamination, explain the reasons and attach relevant supporting documents. The request and supporting documents shall be in duplicate. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant, patentee or claimant to revoke the patent right. If the applicant for a patent for invention, the patentee for invention or the claimant for revocation of the patent right refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a suit in a people's court within 3 months from the date of receiving the notice. However, the decision made by the Patent Reexamination Board on the request for reexamination of utility models and designs is final. The revoked patent right is regarded as nonexistent from the beginning.