What is the reason why the patent application is not accepted?

There are many cases where patent applications are not accepted. For example, inventions or utility models that apply for patents in foreign countries are not granted patents in China; For example, nuclear transformation methods and substances obtained by nuclear transformation methods are not granted patent rights.

legal ground

Article 19 of the Patent Law of People's Republic of China (PRC)

Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council.

Where an invention or utility model that violates the provisions of the first paragraph of this Article is applied for a patent in a foreign country, the patent right shall not be granted in China.

Article 25

No patent right shall be granted for the following items:

(1) scientific discoveries;

(2) rules and methods of intellectual activities;

(3) Methods of diagnosis and treatment of diseases;

(4) Species of animals and plants;

(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;

(six) the design of the pattern, color or the combination of the two.

The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.