1. The application does not conform to the provisions of Article 2, paragraph 1, of the Detailed Rules for the Implementation of the Patent Law (Article 2, paragraph 1, of the Patent Law: invention refers to a new technical scheme proposed for a product, method or its improvement).
2. The application belongs to the provisions of Articles 5 and 25 of the Patent Law, or does not conform to the provisions of Article 22 of the Patent Law, Paragraph 1 of Article 13, Paragraph 1 of Article 20 and Paragraph 2 of Article 21 of the Detailed Rules for the Implementation of the Patent Law, or the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law.
1. Comply with Article 5 of the Patent Law: No patent right shall be granted for inventions and creations that violate national laws, social morality or harm public interests;
2. Comply with the provisions of Article 25 of the Patent Law: No patent right shall be granted for the following items: 1) Scientific discovery; 2) Rules and methods of intellectual activities; 3) Diagnosis and treatment of diseases; 4) Species of animals and plants ("the manufacturing method of their products can be patented"); 5) substances obtained by nuclear transformation;
3. Not in conformity with the provisions of Article 22 of the Patent Law: inventions and utility models that are granted patent rights shall be novel, creative and practical;
4. It does not conform to the first paragraph of Article 13 of the Detailed Rules for the Implementation of the Patent Law: only one patent can be granted for the same invention-creation;
5. It does not conform to the provisions of the first paragraph of Article 20 of the Detailed Rules for the Implementation of the Patent Law: the patent claim shall specify the technical features of the invention or utility model and clearly and concisely specify the scope of protection requested;
6. It does not conform to the provisions of Paragraph 2 of Article 21 of the Detailed Rules for the Implementation of the Patent Law: the independent claim shall reflect the technical scheme of the invention or utility model as a whole, and record and solve the necessary technical characteristics of technical problems;
7. In accordance with Article 9 of the Patent Law, "Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
3. The application does not conform to the provisions of Paragraph 3 or Paragraph 4 of Article 26 or Paragraph 1 of Article 31 of the Patent Law;
1. Paragraph 3 of Article 26 of the Patent Law: The description shall give a clear and complete description of the invention or utility model, subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. Briefly explain the technical points of the invention or utility model;
2. Paragraph 4 of Article 26 of the Patent Law: The patent claim shall be based on the specification and specify the scope of patent protection;
3. Paragraph 1 of Article 31 of the Patent Law: 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.
4. The application for amendment does not conform to Article 33 of the Patent Law or Paragraph 1 of Article 43 of the Detailed Rules for the Implementation of the Patent Law;
1. Article 33 of the Patent Law stipulates that an applicant may modify his 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 indicated in the original pictures or photographs;
2. Paragraph 1 of Article 43 of the Detailed Rules for the Implementation of the Patent Law stipulates that the divisional application filed in accordance with Article 42 of these Rules may retain the original filing date, and the priority date may be retained if it enjoys priority, but it shall not exceed the scope of the original application.