Chinese Patent process/Government bodies take as lon as required.
How long does the patent application process take?
According to the official SIPO 2010 Annual Report, the average time required to be granted a patent is:
Column 1
Column 2
0
Preliminary examination of invention patents (1st part of application process)
24 months
1
Utility models
4.3 months
2
Design patent
3 months
Substantive examination for invention patents (2nd part of application process) will vary depending on the technical nature of the invention.
What is a substantive examination?
Substantive examination is an examination of the content of the patent application.
SIPO officials will examine the description and claims of the patent, and whether it is novel, inventive, and is practically applicable.
A comprehensive search of prior art (whether there is anything published before the filing date of the patent which describes the same or a similar invention) and other relevant information is also collected. Another purpose of the search is to discover any conflicting applications or documents in order to avoid double patenting. The search provides a basis on which the examiner can determine whether the patent possesses novelty and inventiveness.
Stages of Substantive Examination
Pre‐search stage: The examiners will first read the relevant documents cited as the basis for the application, the background technology, and documents which may help to correctly understand the subject matter. At the same time they will also check the International Patent Classifications and determine the technical fields that must be searched.
Searching stage: The patent examiners will primarily use computer searchable databases to conduct their searches. When conducting the search the examiner analyses the claims of the patent and determines the elements to be searched. The examiner then searches in the technical fields to which the patent belongs, in technical fields of similar functions, and then may also refer to other materials. Manual searches by the examiner may also be conducted during substantive examination. The examiner also conducts a search for conflicting applications and in order to avoid double patenting.
Termination stage: the decision of the examiner to terminate the search must be based on the quantity and quality of the documents that have been obtained during the search. Factors influencing the examiners to terminate the search include time, energy, and the costs spent on the search
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