The conditions for accepting a patent application and the circumstances in which it will not be accepted

Acceptance conditions and rejection of patent applications. If you want to get a patent in China, you must apply to the relevant departments in the State Council for a patent. After the applicant provides the application materials, the relevant departments shall examine the patent, and notify the patent applicant if it meets the application conditions. Conditions for accepting a patent application and the circumstances of non-acceptance. When will I get the notification of acceptance after receiving the receipt of the patent application? According to the detailed rules for the implementation of China's Patent Law, after the applicant submits the patent application materials, the relevant administrative departments will examine the patent and notify the applicant if it meets the acceptance conditions, but there is no clear stipulation on the notification time. Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) Article 38 After receiving the request, specification (utility model must include attached drawings) and claim of an application for a patent for invention or utility model, or the request, picture or photograph of design and a brief explanation, the patent administration department in the State Council shall specify the date of application, give the application number and notify the applicant. Two. Conditions for Acceptance of Patent Application (1) There is a request in the application document. The request shall specify the category of the patent application; Indicate the name and address of the applicant. (2) There are instructions and claims in the application documents for a patent for invention; The application documents for a patent for utility model include the specification (attached drawings) and the claims; There are pictures or photographs in the application documents for a patent for design. (3) The application documents shall be printed in Chinese. The handwriting and lines of all the application documents are legible and have not been altered, at least the contents can be easily identified. The drawings and pictures of the design in the description of the invention or utility model are drawn with indelible handwriting and have not been altered. (4) If the applicant is a foreigner, it shall comply with the relevant provisions of Article 19 of the Patent Law, and its country of residence shall comply with the relevant provisions of Article 18 of the Patent Law. (5) The applicant is a legal person or resident in Hongkong, Macau and Taiwan Province, and the entrustment formalities shall be handled according to relevant regulations. For applications that meet the acceptance conditions, the Patent Office will issue an acceptance notice and a fee payment notice at the end of the acceptance procedure. Three. In case of inadmissibility of patent application, an application for a patent for invention or utility model submitted by the applicant to the administrative department for patent in the State Council shall include a patent application request, a specification (with drawings of utility model), a submitted patent claim or an application for design, and shall also include a patent application request, a design picture or a photograph. If the patent administration department in the State Council finds that the application documents are under any of the following circumstances, the patent application will not be accepted: 1, the invention or utility model lacks the request, specification (the utility model has no attached drawings) and patent claim, or the design patent lacks the request, picture or photograph; 2. Do not use Chinese; 3, all kinds of application documents are not printed, printing, writing and drawings are not in accordance with the requirements of the drawings to draw graphics; 4. The serial number is not numbered with Arabic numerals as required by the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC); 5. The name and address of the applicant are missing in the request; 6. Obviously not in conformity with the provisions of Articles 18 and 19 of the Patent Law; 7. The category of the patent application (invention, utility model or design) is unclear or difficult to determine.