the substantive examination of the invention patent is within three years from the date of application. Where a party applies for a patent, it shall submit the written request, specification, abstract and patent claim, etc. Within three years from the date of application for a patent for invention, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of its 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 administrative department for patent in the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Legal basis
Article 35 of the Patent Law Within three years from the date of filing, the patent administration department in the State Council may, at the request of the applicant at any time, conduct 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
when the administrative department for patent in the State Council deems it necessary, it may examine the application for a patent for invention on its own.