What are the conditions for applying for a patent and which patent applications will not be accepted?

The relevant provisions of the detailed rules for the implementation of the Patent Law are as follows:

Article 39 The patent administrative department in the State Council shall not accept the patent application documents under any of the following circumstances.

And notify the applicant:

(a) the application for a patent for invention or utility model lacks a request or specification (utility model has no attached drawings) or

The claim or the application for a patent for design lacks the request, picture or photograph and a brief explanation;

(2) Do not use Chinese;

(three) does not comply with the provisions of the first paragraph of Article 121st of these rules;

(four) the name or address of the applicant is missing in the request;

(5) It is obviously not in conformity with the provisions of Article 18 or Paragraph 1 of Article 19 of the Patent Law;

(6) The category of the patent application (invention, utility model or design) is unclear or difficult to determine.

Article 40 Where there are drawings in the specification, but there are no drawings or there are no drawings, the applicant

The appended drawings shall be submitted within the time limit specified by the patent administration department of the State Council or the explanation of the appended drawings shall be cancelled. expand

Where the applicant submits the appended drawings, the date of submitting or mailing the appended drawings to the patent administration department of the State Council shall be the application date; cancel

The description of the appended drawings shall keep the original application date.

Article 121 All kinds of application documents shall be printed in black font with neat and clear handwriting.

Can't be changed. The attached drawings shall be drawn with drawing tools and black ink, and the lines shall be uniform and clear, and there shall be no sawtooth.

Change.

The relevant provisions of the patent law:

Article 18 Where a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with this Law in accordance with the agreement signed between his country and China or the international treaties to which he is a party, or in accordance with the principle of reciprocity.

Article 19 If a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent and handles other patent affairs in China, it shall entrust a patent agency established according to law to handle it.

Units or individuals applying for patents and handling other patent affairs in China may entrust a legally established patent agency to handle them.

Patent agencies shall abide by laws and administrative regulations, accept the entrustment of clients, and handle patent applications or other patent affairs; The contents of the client's invention and creation shall be kept confidential, except that the patent application has been published or announced. Specific measures for the administration of patent agencies shall be formulated by the State Council.