How long does it take to examine the substance of the invention patent?

Legal analysis: The time for patent substantive examination is uncertain, generally 6- 18 months, which depends on the content of the invention, the examiner's understanding of the invention, the examiner's work arrangement and the time for documents to be transmitted back and forth between the examiner and the applicant or his agent. If the applicant cannot reply to the notice of examination opinions within the specified time, he may also apply for an extension before the time limit specified in the notice of examination opinions. He can apply for an extension of two months at a time, with a maximum of two extensions.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within twelve months, or applies for a patent for design for the first time in a foreign country within six months, and applies for a patent on the same subject in China, he may enjoy the priority in accordance with the agreement signed between that country and China or the international treaties to which both countries are parties, or in accordance with the principle of mutual recognition of priority.

Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.

Article 30 Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of filing the first application.

Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.

Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.

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 after 18 months from the date of filing. 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 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; 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.