The Patent Office can accept the patent application, but will not grant it.
1. The conditions for acceptance of a patent application are that the application documents meet the requirements, as follows:
(1) The application document should contain a request; the request should indicate the patent Application category, and indicate
the applicant’s name and address.
(2) The application document for an invention patent shall contain a description and claims; the application document for a utility model patent shall contain a description, drawings and claims; appearance Design patent application documents should contain
pictures or photos and a brief description.
(3) The text, graphics, handwriting, lines, etc. used in the application documents should meet the requirements, and attention should be paid to:
① The clarity of the application documents must not only be as clear as the examiner can The standard for clear identification should also meet the requirements for scanning and coding processing of document graphics. Broken lines and unclear color differences between text or lines and paper are considered inappropriate. Clear.
② If only individual words in the request are filled in manually, but the handwriting is clear and will not cause ambiguity, it can be accepted
. For example, in an application request form, if the applicant's name or ID number is filled in manually
and the handwriting is clear, and the rest of the text is printed, it is deemed to meet the requirements.
③If the application document uses handwriting or drawings that are easy to erase, for example, the drawings are drawn with pencil, they will not meet the acceptance conditions
.
④ The text in other documents submitted at the same time can be filled in manually, but the handwriting should be clear and legible (for example,
meets the requirements for scanning and processing) and not easy to erase (for example, it cannot be used) Filled in pencil), no corrections made.
⑤The text in the application documents should be in simplified Chinese characters. If the content of the documents submitted by the applicant is mainly in foreign languages, it will not be accepted. For example, if an application has the name and address of the applicant in the request written in English, it will not meet the acceptance conditions; another example is an invention patent application, the description and claims
If a large amount of English is used in the application, it does not meet the acceptance conditions; for another example, if the text in the request is all
written in traditional Chinese, it does not meet the acceptance conditions.
However, in some cases, foreign languages ??or traditional Chinese characters should also be accepted. The name of the invention, the name of the applicant
and the name of the inventor contain necessary foreign characters, for example, the name of the invention is "Multifunctional mobile phone with Black Berry technology" , the applicant is "IBM Company", etc. In addition, if the invention title and address contain only a few traditional Chinese characters, the examiner may also accept the application.
(4) If the applicant is a foreigner, a foreign enterprise or other foreign organization, whether it complies with Article 19 of the Patent Law of the People's Republic of China
The relevant provisions of paragraph 1 of Article 1, whether the country to which it belongs complies with the relevant provisions of Article 18 of the Patent Law. It should be noted that the determination of whether the applicant meets the requirements is mainly based on the applicant's address filled in the request letter
. For example, if an application is filled with "×× country (foreign country)" in the nationality column, and an address in mainland China is filled in the address column, and no patent agency is entrusted, it will be regarded as an application. The person has a habitual residence in mainland China
.
(5) If the applicant is an individual, enterprise or other organization from Hong Kong, Macao or Taiwan,
whether the patent agent complies with the regulations. For example, if the address column of an application filled in by the first applicant is an address in Hong Kong, China, and no patent agency has been entrusted, it will be deemed to be ineligible for acceptance.
(6) Whether the divisional application meets the requirements. It should be noted:
① Whether the divisional application filed is of a different category than the original application. For example, the applicant submitted an invention patent application, and the original application number filled in the request was "20032000#####", that is, the original application was a utility model
< p> type will not be accepted.②Whether it is accepted as a divisional application shall depend on whether the applicant has filled in the divisional application column in the request letter and whether the original application number filled in the column is a real one. Valid application number is the basis. For example, for an invention patent application, if the original application number filled in the divisional application column of the request is insufficient, the application will not be accepted as a divisional application
and will be accepted as a general application. Application accepted.
2. The reason why it will not be authorized is:
The subject matter of the application violates the law, social ethics or harms the interests of the public, and does not comply with the provisions of Article 5 of the Patent Law .