How long is the time limit for the request for examination of patent substance?

The time limit for the request for examination of patent substance is three years. According to the relevant laws and regulations, within three years from the date of filing, the administrative department for patent in the State Council may, at any time upon the request of the applicant or when it deems it necessary, conduct substantive examination of the patent application.

legal ground

Article 22 of the Patent Law, which came into effect on 202 1 June1day.

Inventions and utility models granted patent rights should be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.