China National Intellectual Property Administration Patent Office will reject an application for a patent for invention in any of the following circumstances:
1, the application subject is not an invention;
2. The applicant violates national laws, social ethics or damages public interests;
3. The application subject belongs to the technical field where the patent right has not been granted;
4. The theme of the application is not novel, creative or practical;
5. The subject matter of the application does not meet the requirement that only one patent can be granted for the same invention-creation;
6. The specification of the application does not give a clear and complete description of the invention and creation; The patent claim applied for is not based on the specification, indicating the scope of patent protection;
7, the theme of the application does not meet the requirements of the application for a patent for invention;
8. The modification of the application documents or divisional applications is beyond the scope recorded in the original specification or claims.
Article 53 of the Detailed Rules for the Implementation of the Patent Law stipulates:
According to the provisions of Article 38 of the Patent Law, the circumstances in which an application for a patent for invention should be rejected after substantive examination refer to:
(1) The application falls under the circumstances specified in Articles 5 and 25 of the Patent Law, or the patent right cannot be obtained in accordance with Article 9 of the Patent Law;
(2) The application does not conform to the provisions of the second paragraph of Article 2, the first and third paragraphs of Article 20, the fourth and fifth paragraphs of Article 26, the first paragraph of Article 31 or the second paragraph of Article 20 of these Rules;
(3) The amendment of the application does not conform to the provisions of Article 33 of the Patent Law, or the divisional application does not conform to the provisions of Paragraph 1 of Article 43 of these Rules.