1, the theme does not meet the conditions for patent grant, including: the theme of the invention or utility model is not novel, creative or practical; The theme of the design patent does not possess novelty or conflicts with the legal rights previously obtained by others;
2. Illegal situation in the patent application: the description does not fully disclose the invention or utility model; The claim is not based on the specification; The modification of the patent application documents is beyond the prescribed scope; The subject matter of the patent right does not conform to the definition of invention, utility model or design; Principle of consultation authorization for simultaneous application; The granted claim is unclear, not concise or lacks the necessary technical features to solve its technical problems.
legal ground
Article 29 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed by the foreign country with China or the international treaty to which * * * is a party, or according to the principle of mutual recognition of priority. An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority.
Article 30 of the Patent Law of People's Republic of China (PRC) Where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.