What is an application for a patent for invention rejected?

The rejection of an application for a patent for invention refers to the decision made by China National Intellectual Property Administration not to grant a patent right after the applicant replies that the application for a patent for invention still has substantial defects as stipulated in the Patent Law. The rejection of an application for a patent for invention can be a preliminary examination in China National Intellectual Property Administration and a rejection after the applicant states his opinions or modifications, or a rejection after the substantive examination and the applicant states his opinions or modifications. After substantive examination, if the examiner thinks that the application has substantial defects and cannot be granted a patent right, the applicant will be given at least one opportunity to state his opinions and/or modify the application documents. If the applicant fails to provide convincing opinions and/or evidence within the specified time limit, and fails to modify the application documents in accordance with the provisions of the Patent Law and its implementing rules, or the modified application documents still have defects, and the reasons and evidence have been informed to the applicant, the examiner may make a decision of rejection. These substantial defects include: (1) the subject of the application for a patent for invention violates the national laws, social ethics or harms the public interests, or the subject of the application belongs to the object of not granting a patent for invention as stipulated in Article 25 of the Patent Law; (2) The invention applied for is not novel, creative and practical; (3) The application for a patent for invention does not fully disclose the subject matter for protection, or the claim is not based on the specification; (4) the application does not conform to the provisions of the patent law on the singularity of the application for a patent for invention; (5) The invention applied for cannot be patented according to the principle of "first application", or the application does not conform to the principle of "one invention for one patent"; (6) The subject matter of the application for a patent for invention does not conform to the definition of invention in Article 2 of the Detailed Rules for the Implementation of the Patent Law; (7) The scope of protection is not clearly and concisely stated in the claim, or the independent claim lacks the necessary technical features to solve technical problems; (8) The application for amendment or division is beyond the scope recorded in the original specification and claims. The rejection decision includes two parts: the special form and the text of the rejection decision. The special form mainly records the applicant's name, application number and invention name. The text of the rejection decision includes three parts: the cause of action, the reasons for rejection and the decision. The cause of action part shall briefly explain the review process of the application, especially the situation related to the rejection decision, that is, the previous review opinions (including the evidence adopted) and the applicant's defense summary, the defects that led to the rejection of the application, and the application text targeted by the rejection decision. In the part of reasons for rejection, the examiner shall discuss in detail the facts, reasons and legal basis on which the rejection decision is based. In the decision part, the reasons for rejection are stated, and according to the provisions of Article 38 of the Patent Law, the conclusion of rejecting the application is reached. Once the rejection decision is issued, any submission, reply and modification of the applicant will not be considered, except for letters requesting correction of errors in patent documents and letters requesting correction of typos caused by China National Intellectual Property Administration's work mistakes. According to Article 5 of the Patent Law of People's Republic of China (PRC) (revised in 2000), no patent right shall be granted for inventions and creations that violate national laws, social morality or harm public interests. Article 9 Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical. Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date. Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. Article 25 No patent right shall be granted for the following items: (1) Scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) substances obtained by nuclear transformation. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification and indicate the scope of patent protection. Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application. Article 33 An applicant may modify the patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs. Article 38 If an application for a patent for invention is still not in conformity with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall be rejected.