1, the patentee submits the request, specification and its abstract, patent claim and other documents;
2. After receiving the application, the patent administrative department in the State Council shall accept it according to law and conduct a preliminary examination for a period of 18 months. If it meets the requirements, it shall be announced immediately;
3. If an application for a patent for invention has passed the substantive examination within three years from the date of application, a patent certificate for invention shall be issued.
legal ground
Article 26 of the Patent Law, which came into effect on 202 1 June1day.
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
Article 34
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 immediately after 18 months from the date of application. The patent administration department of the State Council can publish its application as soon as possible according to the request of the applicant Zao Benying.
Article 35
Within three years from the date of application for a patent for invention, the patent administration department of the State Council may, at any time, conduct substantive examination of Lu Cong's application at 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 39
If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.