The preliminary examination of the patent application is How
The Patent Administration Department of the State Council received an invention patent application Afterwards, if it is determined through preliminary examination that it meets the requirements of this Law, it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 of the Patent Law ; Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn. .
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of the invention patent application on its own.
The Patent Administration Department of the State Council has established a Patent Reexamination Committee. If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After review, the Patent Reexamination Board will make a decision and notify the patent applicant. If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
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