Disclosure before patent application

According to the different subjects of application for a patent for invention, the ways of disclosure of an application for a patent for invention can be divided into two categories: self-disclosure and disclosure by the patent administrative department of the State Council. Self-disclosure refers to the patent applicant's active disclosure to the public in the form of publications (usually in the form of papers). Statutory disclosure means that the patent administrative department of the State Council, after preliminary examination of the application for a patent for invention, considers that it conforms to the provisions of the Patent Law, and shall publish it within 18 months from the date of application.

legal ground

Article 34 of the Patent Law of People's Republic of China (PRC)

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.