The reason why the invention patent was rejected in the process of substantive examination

The reasons why an application for a patent for invention was rejected in the process of substantive examination are as follows:

1, the object of application does not belong to the category of invention patent;

2. The invention patent violates national laws or harms public interests;

3. Invention patents are not novel, creative and practical;

4. The applicant is unqualified;

5. The contents of the application materials do not conform to the relevant provisions;

6. Other reasons why the application for a patent for invention was rejected during the substantive examination.

legal ground

Article 37 of the Patent Law shall come into force on June 1 20265438.

After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 38

If, after the applicant has stated his opinions or made amendments, the administrative department for patent in the State Council still considers that the application for a patent for invention does not conform to the provisions of this Law, it shall be rejected.

Article 39

If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.