Legal analysis: Patent applications will not be accepted under the following circumstances: 1. The subject matter of the application does not fall within the scope of inventions, utility models and designs; 2. The application for inventions and utility models does not possess novelty, Creativity and practicality; 3. The applicant is not qualified; 4. The application materials are incomplete and true; 5. Other circumstances.
Legal basis: "Patent Law of the People's Republic of China"
Article 2 The inventions and creations mentioned in this law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Article 22 Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and records the patents published after the application date. application documents or published patent documents. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The term "existing technology" as used in this Law refers to technology that is known to the public at home and abroad before the filing date.