The applicant for a patent for invention may amend the application for a patent for invention within three months from the date of filing a request for substantive examination and receiving the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.
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.
Legal basis: Article 7 of the Patent Law of People's Republic of China (PRC).
No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.
Article 8
Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed in cooperation with two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.
Article 9
The same invention can only be granted a patent right. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.