A: The Scout Law Online Consultation will answer your question.
According to the provisions of China's patent law, there are three kinds of inventions that can be protected by patents in foreign patent laws: inventions, utility models and book designs, of which invention patents are the most important. The invention is a technical solution to a specific problem put forward by the inventor by using the laws of nature. Therefore, it is pointed out in the detailed rules for the implementation of China's patent law that "the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement". The inventor can only succeed if he applies to the Patent Office for this technical scheme and passes a series of rigorous examinations, especially the examination of novelty, creativity and practicality. Grant a patent right to an application for a patent for invention that meets the requirements. The applicant should also go through the registration formalities on schedule and pay the annual fee for the current year, so that the application for a patent for invention can formally become an invention patent with various patent attributes.
After the applicant for a patent for invention has stated his opinions or made amendments, the patent administration department still believes that the invention for which he applied for a patent does not meet the conditions for granting a patent as stipulated in this Law. For example, the invention for which a patent is applied is not a product, a method or an improved new technical scheme; The invention for which the patent is applied violates national laws, social morality or harms public interests; It falls within the scope of not granting patent right as stipulated in Article 25 of this Law; Not novel, not practical, not creative; Having applied for a patent for the same invention; The explanations and claims in the application documents do not conform to the legal provisions; Where the application for amendment or division is beyond the scope of the original specification and claims, the application shall be rejected and the patent right shall not be granted.
When rejecting an application for a patent for invention, the patent administration department shall list the reasons and cite the materials. If the applicant for a patent for invention refuses to accept the decision to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receiving the notification.