The time for patent application is limited by law. And within six months before the application date. According to relevant legal provisions, if there is no corresponding legal reason for applying for a patent for an invention within six months before the application date, and no patent application has been made to the local patent administration department, the utility model will lose its novelty.
Legal basis
Article 2 of the "Patent Law of the People's Republic of China" that came into effect on June 1, 2021
What is referred to in this law Inventions and creations refer to inventions, utility models and designs.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Article 24
If an invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost:
(1) When a national emergency or extraordinary situation occurs, it is disclosed for the first time for the purpose of public interest;
(2) It is exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government
(3) Published for the first time at a prescribed academic conference or technical conference;
(4) Others leak the content without the applicant's consent.