1. application: the patent applicant submits an application to the patent office where China National Intellectual Property Administration is located.
2. Preliminary examination: After receiving an application for a patent for invention, the the State Council Patent Administration Department shall publish it after 18 months from the date of application, if it finds that it conforms to the provisions of the Patent Law after preliminary examination. The patent administrative organ in the State Council may issue its application in advance according to the requirements of the applicant.
3. Substantive examination: Within 3 years from the date of application, the patent administration department of the State Council may conduct substantive examination of the application according to the requirements put forward by the applicant at any time. The patent administrative organ of the State Council may independently examine the application for a patent for invention when it deems it necessary.
4. Registration: If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it. The invention patent right shall take effect as of the date of announcement.
5. Rejection of the application: if the patent administration department in the State Council considers the application for a patent for invention to be inconsistent with the provisions of the Patent Law after substantive examination, but the patent administration department in the State Council still considers it to be inconsistent with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall reject it.
6. Patent Reexamination: If the patent applicant refuses to accept the decision of the State Council Patent Administration Department to reject the application, he may request a reexamination to the Patent Reexamination Board within 3 months after receiving the notice.
7. Invalid application: Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law.
8. Administrative litigation: If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board to reject the application, or if the party refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, he may bring a lawsuit to the people's court within 3 months after receiving the notice.
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Guangzhou patent application invention patent application process