Patent rights are granted by the Patent Administration Department of the State Council.
If no reason for rejection is found after substantive examination of the invention patent application, the patent administration department of the State Council shall grant the invention patent right, issue a patent certificate, and register and announce the invention patent right at the same time. Effective from that date.
If no reason for rejection of a utility model or design patent application is found after preliminary examination, the patent administration department of the State Council shall grant a utility model or design patent, issue a patent certificate, and register and announce the application at the same time. Utility model Patent rights and design patent rights take effect from the date of announcement.
After the applicant receives the notice of granting the patent right issued by the patent administration agency of the State Council, the applicant shall complete the patent right registration procedures within two months from the date of receipt of the notice. Only the applicant shall complete the registration procedures on time. After the registration procedures are completed, the patent administration agency of the State Council can issue a patent certificate and make an announcement. If the applicant fails to complete the registration procedures within the prescribed two months, the patent rights obtained will be deemed to have been abandoned upon expiration of the period.
