Article 40 Under any of the following circumstances, the patent administration department in the State Council shall not accept the patent application documents and notify the applicant:
(1) The application for a patent for invention or utility model lacks the request, specification (the utility model has no appended drawings) and patent right, or the application for a patent for design lacks the request, picture or photograph;
(2) Do not use Chinese;
(three) does not comply with the provisions of the first paragraph of article 120th 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.