patent law
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 may publish its application at an early date upon the request of the applicant.
Article 35
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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.
The State Council Patent Administration Department refers to China National Intellectual Property Administration, which is the administrative organ directly under the State Council.
Extended data
Patent approval:
① Registration system
The Patent Office only conducts formal examination of the patent application, and if the procedures and documents are complete, it will register and grant the patent right without substantive examination. If the registration system is adopted, the quality of patents is often not high. China's current patent law adopts this method for utility model patents and design patents, which not only relieves the pressure of examination and approval, but also causes the problem of excessive number of patents but generally low quality in practice.
② Substantive review system
That is, it is not only a formal review, but also the novelty, advancement and practicality of the invention. Substantive examination can ensure the quality of patents, but it needs a large number of high-level examiners, which is easy to cause a large backlog.
③ Deferred review system
The application that has passed the formal examination shall be published within a certain period (such as 18 months) from the date of application, and temporary protection shall be given; Several years after publication, the applicant requested the Patent Office to conduct substantive examination. If the applicant fails to submit it within the time limit, the application shall be deemed to have been withdrawn. The adoption of deferred review system can reduce the burden of review work. China implements a deferred examination system for patent examination and approval.
Baidu Encyclopedia-China National Intellectual Property Administration
Baidu Encyclopedia-Patent Law