Article 34  Where, after having received an application for patenting an invention, the patent administrative department of the State Council finds, upon preliminary examination, that the application is in conformity with the requirements of this Law, it shall publish the application promptly after the lapse of eighteen full months from the date of application. Upon the request of the applicant, the patent administrative department of the State Council may publish the application earlier.
 

Article 35  Upon the request of the invention patent applicant made at any time within three years from the date of application, the patent administrative department of the State Council will make a substantive examination on the application. If, without any justifiable reason, the applicant fails to request a substantive examination within the limit, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, on its own initiative, make a substantive examination on the application for a patent for invention when it deems it necessary.
 

Article 36  When the invention patent applicant requests a substantive examination, he or it shall furnish the reference materials of the invention that existed prior to the date of application.
Where an invention patent applicant has filed in a foreign country an application for a patent for the same invention, the patent administrative department of the State Council may require the applicant to submit within the specified time limit references retrieved for the purpose of examining that application, or the references of the examination result, in that country. If, without any justifiable reason, the said materials are not submitted within the specified time limit, the application shall be deemed to have been withdrawn.
 

Article 37  Where the patent administrative department of the State Council, after it has made the substantive examination on an invention patent application, finds that the application conforms to the provisions of this Law, it shall notify the applicant, requiring him or it to make 8 statement or revise the application within a specified time limit. If he or it fails to make a response without any justifiable reason, the application shall be deemed to have been withdrawn.
 

Article 38  Where, after the applicant has made a statement or revisions, the patent administrative department of the State Council finds that the invention patent application still does not conform to the provisions of this L aw，the application shall be rejected.
 

Article 39  Where it is found after a substantive examination that there is no reason to reject the patent invention application, the patent administrative department of the State Council shall make a decision to grant a patent for the invention, issue an invention patent certificate, and register and announce it. The patent right for invention shall become effective as of the date of announcement. 
 

Article 40  Where it is found after the preliminary examination that there is no reason to reject the application for patenting a utility model or design, the patent administrative department of the State Council shall make a decision to grant a patent for the utility model or design, issue the relevant patent certificate, and register and announce it. The patent right for utility model or design shall become effective as of the date of announcement.
 

Article 41  A patent applicant may file a request with the patent administrative department of the State Council for a review of the decision of the patent administrative department of the State Council to reject its application, within three months of receipt of a notice of the decision. After review, the patent administrative department of the State Council shall make a decision, and notify the patent
applicant.
The patent applicant may file a lawsuit against the review decision made by the patent administrative department of the State Council within three months of receipt of a notice of the decision.