1. The conditions for accepting a patent application are that the application documents meet the requirements, as follows:
(1) The application document shall contain the request; The request shall indicate the category of the patent application, and specify
Name and address of the applicant.
(2) The application documents for a patent for invention shall include the specification and the claims; Application for patent for utility model
There shall be instructions, drawings and claims; The application documents for a patent for design shall include
Pictures or photos and a brief description.
(3) The characters, numbers, handwriting and lines used in the application documents shall meet the requirements, and attention shall be paid to:
(1) The clarity of application documents should not only meet the standards that examiners can clearly distinguish, but also meet the requirements of writing.
According to the requirements of graphic scanning and coding processing, line breaks and the color difference between words or lines and paper are not obvious.
It's not clear yet.
(2) If only a few words need to be written in the request, but the handwriting is clear and will not cause ambiguity, you can
Be accepted. For example, in the application request, the applicant's name or ID number is filled in manually.
And the handwriting is clear, and the rest of the text is printed, which is considered to meet the requirements.
(3) Easy-to-erase handwriting or figures are used in the application documents, such as figures drawn with pencils, which are not in conformity.
Acceptance conditions.
(4) the words in other documents submitted at the same time can be filled in by hand, but the handwriting should be clear and easy to read (for example
If it meets the requirements of scanning processing), it is not easy to wipe (for example, it cannot be filled in with a pencil) and has not been altered.
(5) if the contents of the documents submitted by the applicant mainly make
If it is in a foreign language, it is unacceptable. For example, for an application, use the name and address of the applicant in the request.
Fill in English, which does not meet the acceptance conditions; Another example is patent applications for inventions, specifications and claims.
If English is widely used in Chinese, it does not meet the acceptance conditions; Another example is that the words in both the application and the request are
If it is filled in traditional Chinese characters, it does not meet the acceptance conditions.
But in some cases, foreign languages or traditional Chinese characters should also be accepted. Name of the invention, name or title of the applicant
It is said that the name of the inventor contains the necessary foreign languages, such as the name of the invention is "using Black Berry technology".
Multifunctional mobile phone ",the applicant is" IBM "and so on. In addition, the invention name and address only include packaging.
Including individual traditional Chinese characters, the examiner can accept it.
(4) If the applicant is a foreigner, foreign enterprise or other foreign organization, does it meet the requirements of the people of China?
And the relevant provisions of article 19 1 of the patent law of People's Republic of China (PRC) (hereinafter referred to as the patent law), whether the country to which it belongs meets the requirements of the patent law.
The relevant provisions of article 18 of the profit law. It should be noted that determining whether the applicant meets the requirements mainly depends on the request.
Fill in the address of the applicant. For example, for an application, the column of the applicant's nationality is "XX country (foreign country)".
Fill in the Chinese mainland address in the address bar, and if no patent agency is entrusted, it shall be deemed that the applicant is in.
Have a permanent residence in Chinese mainland.
(5) The applicant is an individual, enterprise or other organization in Hongkong, Macao or Taiwan Province,
Whether the patent agency meets the requirements. For example, for an application, the address bar of the first application is China Xiang.
If the address in Hong Kong is not entrusted by a patent agency, it shall be deemed as not meeting the acceptance conditions.
(6) Whether the divisional application meets the requirements. It should be pointed out that:
① Whether the divisional application is different from the original application. For example, the applicant submitted a document.
Ming patent application, the original application number filled in the request is "20032000 # # #", that is, the original application is a utility model.
Type, will not be accepted.
(2) Whether to accept the divisional application depends on whether the applicant fills in the divisional application column in the request.
And whether the original application number filled in this column is a real and valid application number. For example, an invention
Where the original application number filled in the application column of a patent application or request is insufficient, the application shall not be regarded as a divisional application.
Please accept it as a universal application.
Second, it will not be authorized because:
The subject matter of the application violates laws, social ethics or harms public interests, and does not conform to the provisions of Article 5 of the Patent Law.