1. obviously conforms to the following provisions of the patent law:
1. Article 5: No patent shall be granted for inventions and creations that violate national laws, social ethics or infringe upon public interests.
2. Article 25 No patent shall be granted for the following items:
1) scientific discovery;
2) Rules and methods of intellectual activities;
3) Diagnosis and treatment of diseases;
4) Species of animals and plants (the mode of production of products can be patented);
5) substances obtained by nuclear transformation.
2. It is obviously inconsistent with the following provisions of the Patent Law and its detailed rules for implementation:
1, Article 18: Where a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China applies for a patent in China, it shall be handled 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;
2. Paragraph 1 of 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 designated by the patent administration department of the State Council to handle it; 3. Article 26, paragraphs 3 and 4:
1) Paragraph 3: The description shall give a clear and complete description of the invention or utility model, subject to the realization of the technical personnel in the technical field; If necessary, drawings shall be attached. Briefly explain the technical points of the invention or utility model;
2) Paragraph 4: The claim shall specify the scope of patent protection on the basis of the specification.
4. Paragraph 1 of Article 31: An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application;
5. Article 33 An applicant may modify his patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs;
6. The Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that:
1) Paragraph 2 of Article 2: The term "utility model" as mentioned in the Patent Law refers to a new technical scheme suitable for the shape, structure or combination of products;
2) Paragraph 1 of Article 13: Only one patent can be granted for the same invention-creation;
3) Articles 18 to 23: (For specific requirements of application documents: description, content and writing of the right application, please refer to relevant clauses);
4) Paragraph 1 of Article 43: Where a divisional application is filed in accordance with the provisions of Article 42 of these Rules, the original filing date may be retained, and where priority is enjoyed, the priority date may be retained, but it shall not exceed the scope of the original application.
3. Not patented:
Article 9 of the Patent Law: Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.