The application process for utility model patents:
1. The applicant submits a request, description, abstract, claims and other documents;
2. The State Council After receiving the invention patent application, the patent administration department will conduct a preliminary examination. If the examination passes, it will be announced immediately after eighteen months from the application date;
3. The invention patent application shall be published within three years from the application date. For those who pass the substantive examination, a patent right certificate will be issued.
Legal Basis
Article 26 of the Patent Law of the People's Republic of China
To apply for an invention or utility model patent, a request must be submitted Documents such as book, description, abstract and claims.
Article 34
After the patent administration department of the State Council receives an application for an invention patent and determines upon preliminary examination that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35
Within three years from the filing date of an invention patent application, the patent administration department of the State Council may conduct a substantive examination of the application upon request made by the applicant at any time; the application If a person fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.