What are the conditions for not accepting a patent application?

The conditions for rejecting a patent application are as follows: (1) If the patent application is not filed in written form or written in Chinese, it will not be accepted. (2) The application documents are written in black ink, or the handwriting is blurred (design photos) or altered. (3) the basic application documents are incomplete, such as the invention application lacks any one of the request, the claim and the specification; The application for a patent for utility model lacks any one of the request, the claim, the specification and the appended drawings; An application for a patent for design that lacks any request, picture or photograph cannot be accepted. The examination of acceptance conditions only examines whether these parts of the patent application are complete, not whether the documents of each part are complete. Therefore, applicants must carefully check the application documents when submitting them. (4) If the name and address of the applicant are missing in the request, it cannot be accepted. (5) If the category of the patent application is unclear or uncertain, it shall not be accepted. (six) nationals or units belonging to countries that have no agreements, treaty relations and patent reciprocity relations with China do not accept applications to China; Or foreigners or foreign units, units and compatriots from Hong Kong, Macao and Taiwan who have no habitual residence or business office in China fail to go through the application procedures in accordance with the provisions of the first paragraph of Article 19 of the Patent Law. (7) Legal persons and residents from Hong Kong, Macao and Taiwan directly mail patent applications from Hong Kong, Macao and Taiwan to the Patent Office; Hong Kong, Macao and Taiwan legal persons, as applicants, filed patent applications with the Patent Office without entrusting a patent agency designated by China National Intellectual Property Administration.

Legal basis:

Article 19 of the Patent Law of People's Republic of China (PRC) Any unit or individual that applies for a patent for an invention or utility model completed in China to a foreign country shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council.

Article 25 No patent right shall be granted to the following projects:

(1) scientific discoveries;

(2) rules and methods of intellectual activities;

(3) Methods of diagnosis and treatment of diseases;

(4) Species of animals and plants;

(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;

(six) the design of the pattern, color or the combination of the two.

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, 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 clearly and briefly define the scope of patent protection.

For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.