Legal analysis: 1. An invention-creation with a patent right does not conform to the definition of invention, utility model or design in the detailed rules for the implementation of the Patent Law. 2. The invention-creation that has obtained the patent right or its implementation violates national laws, social morality or harms public interests. 3. The patented invention or utility model does not meet the requirements of the Patent Law on novelty, practicality and creativity. 4. The patented invention or utility model belongs to the field where no patent right is granted as stipulated in Article 25 of the Patent Law. 5. The patent design does not meet the requirements of Article 23 of the Patent Law on "different" or "dissimilar". 6. The description of the invention or utility model for which a patent is applied is not clearly and completely explained, which makes it impossible for ordinary technicians in their technical fields to realize their claims and get no support from the description. 7. The modification or divisional application of the application documents for a patent for invention or utility model is beyond the scope recorded in the original specification. 8. An invention-creation that has obtained a patent right violates the provision in Article 12 of the Detailed Rules for the Implementation of the Patent Law that "only one patent can be obtained for the same invention-creation". 9. Invention-creation with patent right violates the principle of first application stipulated in Article 9 of the Patent Law.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application. Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.
Article 25 No patent right shall be granted for the following items: (1) Scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) substances obtained by nuclear transformation; (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.