The substantive examination of an invention patent takes three years. According to the relevant laws and regulations on patent rights in my country, within three years from the date of application for an invention patent, the patent administration department of the State Council may decide to conduct a substantive examination of the invention patent application according to the applicant's request or when it deems it necessary.

Legal Basis

Article 35 of the Patent Law of the People's Republic of China that came into effect on June 1, 2021

p>

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a substantive examination beyond the time limit without justifiable reasons, the application shall be considered withdrawn.

When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.

Article 36

When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date.

If an application for an invention patent has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified time limit the information retrieved by that country for the purpose of examining the application or the information on the examination results; if the application is overdue without justifiable reasons, If not submitted, the application will be deemed withdrawn.