Question:
I would like to request a deferred examination for a Chinese invention application, hoping to postpone the examination as much as possible. Is there a way to do so? If yes, what is the maximum duration for which the examination can be deferred?
Answer:
In China, deferred examination for an invention application can be requested when filing a substantive examination request. Therefore, it is possible to file the substantive examination request just before the deadline for doing so and simultaneously apply for a 3-year deferred examination. This approach allows the examination process to be postponed further. Specifically, a substantive examination request for an invention patent can be filed within 3 years from the application date (or the priority date, if applicable). The applicant may consider filing the request just before the 3-year deadline and simultaneously applying for a 3-year deferred examination. This way, the invention patent application can achieve a maximum deferred period of up to 6 years from the application date.