1. The patent applicant applies to the patent administration department of the State Council;
2. After receiving an application for a patent for invention, the administrative department for patent in the State Council shall conduct a preliminary examination, and if it meets the application requirements, it shall immediately publish it. The publication period is eighteen months from the date of application;
3, an application for a patent for invention within three years from the date of application, after substantive examination, issued a patent certificate.
legal ground
According to Article 26 of the Patent Law of People's Republic of China (PRC), which came into effect in June, 2002/KLOC-0.
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
Article 34
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.
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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.