What are the conditions for accepting utility model invention patents in China?

The conditions for accepting an application for a patent for utility model are:

1. The application documents are complete, legal and meet the requirements. Including the request, specification and its abstract and claims and other documents;

2. The applicant is the patentee or its authorized agent;

3. Other conditions for accepting an application for a patent for utility model.

legal ground

Article 39 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

In any of the following circumstances, the patent administrative department of the State Council shall not accept the patent application documents and notify the applicant:

(1) An application for a patent for invention or utility model lacks a request, a specification (the utility model has no appended drawings) or a claim, or an application for a patent for design lacks a request, a picture or a photograph and a brief explanation;

(2) Do not use Chinese;

(three) does not comply with the provisions of the first paragraph of Article 121st 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.