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.
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 18 months after the application date. If the applicant requests to be made public in advance, the application will immediately enter the public preparation procedure.
After format review, editing and proofreading, computer processing, typesetting and printing, about three months later, the abstract of its instructions was published in the Patent Gazette, and a brochure was published. After the application is published, the applicant has the right to temporary protection.
Extended data:
The contents of the preliminary examination of the invention patent include:
1. Whether the applicant's application documents are complete and whether the words conform to the provisions of the Patent Law and its implementing rules;
2. The applicant's identity is legal and all kinds of certificates are complete. If the applicant is a foreigner, whether to entrust an agent according to law;
3. Whether the invention-creation for which the patent is applied violates national laws, social morality or harms public interests, and whether it belongs to the object for which the patent right is not granted;
4. Whether the applicant has paid the application fee, etc.
Dianjiang County People's Congress Standing Committee-People's Republic of China (PRC) Patent Law