Application method of health food patent: The parties concerned shall apply to the patent administration department of the State Council in person or by entrusting others. Then, the patent administrative department of the State Council shall conduct examination according to law (preliminary examination 18 months, substantive examination for 3 years). Finally, those who meet the requirements will be granted a patent right.

legal ground

Article 26 of the Patent Law Where an applicant applies for a patent for invention or utility model, he shall submit a written request, a specification and its abstract, a patent claim and other documents. Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.