Under what circumstances will the patent application be rejected?
Patent application will not be accepted: (1) If the patent application is not submitted in written form or written in Chinese, it will not be accepted. (2) The application documents are written in black ink, or the handwriting is blurred (design photos) or altered. (3) the basic application documents are incomplete, such as the invention application lacks any one of the request, the claim and the specification; The application for a patent for utility model lacks any one of the request, the claim, the specification and the appended drawings; An application for a patent for design that lacks any request, picture or photograph cannot be accepted. The examination of acceptance conditions only examines whether these parts of the patent application are complete, not whether the documents of each part are complete. Therefore, applicants must carefully check the application documents when submitting them. (4) If the name and address of the applicant are missing in the request, it cannot be accepted. (5) If the category of the patent application is unclear or uncertain, it shall not be accepted. (six) nationals or units belonging to countries that have no agreements, treaty relations and patent reciprocity relations with China do not accept applications to China; Or foreigners or foreign units, units and compatriots from Hong Kong, Macao and Taiwan who have no habitual residence or business office in China fail to go through the application procedures in accordance with the provisions of the first paragraph of Article 19 of the Patent Law. (7) Legal persons and residents from Hong Kong, Macao and Taiwan directly mail patent applications from Hong Kong, Macao and Taiwan to the Patent Office; Hong Kong, Macao and Taiwan legal persons, as applicants, filed patent applications with the Patent Office without entrusting a patent agency designated by China National Intellectual Property Administration. Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons. Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date. Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or applies for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, he may enjoy the priority according to the agreement signed between that country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority. Article 30 Where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority. 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. An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application. Article 32 An applicant may withdraw his patent application at any time before being granted the patent right. Article 33 An applicant may modify the 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.