Under what circumstances can a patent application be rejected?

A patent application shall not be accepted under any of the following circumstances: the application materials are incomplete or complete, but the content does not meet the requirements, the applicant is not qualified to apply, the patent application category does not belong to the patent scope, and Chinese is not used.

legal ground

Article 39 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

In any of the following circumstances, the patent administrative department of the State Council shall not accept the patent application documents and notify the applicant:

(1) An application for a patent for invention or utility model lacks a request, a specification (the utility model has no appended drawings) or a claim, or an application for a patent for design lacks a request, a picture or a 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.