Article 2 of the Patent Law of China stipulates:
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
2. Patents are inventions that violate laws, social morality or harm public interests.
According to Article 5 of China Patent Law:
No patent right shall be granted for inventions and creations that violate laws, social morality or harm public interests.
No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources. "
3. It violates the principle of applying for a patent for invention.
Article 9 of China's patent law stipulates:
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.
4, in violation of the provisions of the confidentiality review.
Article 20 of China's patent law stipulates:
Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China 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.
5. Inventions and utility models are not novel, creative and practical.
Article 22 of China's patent law stipulates:
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable 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 existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
In practice, the proportion of patent invalid applications based on this reason is also the highest, and the patent invalid applications based on the lack of novelty are also the highest. This revision of the patent law involves the provisions of patent novelty and raises the requirements of patent novelty.
6. The design is not novel.
Article 23 of China's patent law stipulates:
The design granted the patent right does not belong to the 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.
7. The patent subject belongs to the object that is not protected by the patent law.
Article 25 of China's patent law stipulates:
No patent right shall be granted for the following items:
(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) 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.
8. The technical contents are not fully disclosed in the manual.
Paragraph 3 of Article 26 of China Patent Law stipulates:
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.
Paragraph 2 of Article 27 provides that:
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
9. This statement cannot be described.
Paragraph 4 of Article 26 of China Patent Law stipulates:
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.