1. Under what circumstances does the Patent Office reject an application?
Patent applications have the following circumstances Otherwise, the patent administration department of the State Council will not accept the application, notify the applicant, and return the application documents.
(1) Patent applications that are not submitted in writing or are not written in Chinese will not be accepted. For example, Patent applications filed with models, samples, video tapes, disks or over the phone are not acceptable, nor are untranslated foreign language application documents.
(2) The application documents (including the request letter) are not typed or printed, or the handwriting is unclear or altered; the drawings or design pictures are not drawn Those drawn with tools and black ink, or those that are blurry (design photos) or altered will not be accepted. For example: pencil-drawn drawings and pictures, and blurry photos are not acceptable.
(3) The basic application documents are not complete, such as the invention application is missing any one of the request, claims, and description; the utility model patent application is missing the request If any of the documents, claims, description, or drawings is missing; if the design patent application is missing any of the requirements, pictures, or photos, it will not be accepted. The review of acceptance conditions only checks whether these parts of the patent application are complete, and does not review whether the documents in each part are complete. Therefore, applicants must check carefully when submitting application documents.
(4) Requests that are missing the applicant’s name and address will not be accepted.
(5) Patent application categories (invention, utility model or design) that are unclear or cannot be determined will not be accepted.
(6) Applications filed by nationals or units of countries that have neither agreement or treaty relationship with my country nor patent reciprocity will not be accepted; Or foreigners or foreign entities without regular residence or business offices in my country, as well as entities and compatriots from Hong Kong, Macao and Taiwan, have not applied in accordance with the provisions of Article 19, Paragraph 1, of the Patent Law.The formalities cannot be accepted.
(7) Legal persons and residents from Hong Kong, Macao and Taiwan directly mail patent applications from Hong Kong, Macao and Taiwan to the Patent Administration Department of the State Council; legal persons from Hong Kong, Macao and Taiwan as applicants When the patent administration department of the State Council files a patent application, it does not entrust a patent agency designated by the State Intellectual Property Office to handle it.
2. Relevant legal provisions
Article 39 of the "Implementing Rules for the Patent Law of the People's Republic of China" If a patent application document has any of the following circumstances, the patent administration department of the State Council will not accept it and notify the applicant:(1) An invention or utility model patent application lacks a request, description (utility model has no drawings) or claims, or a design patent application lacks a request Books, pictures or photos, brief descriptions;
(2) Not in Chinese;
(3) Failure to comply with the provisions of paragraph 1 of Article 121 of these Rules;
(4) The applicant’s name is missing in the request or Name, or lack of address;
(5) Obviously does not comply with the provisions of Article 18 or Article 19, Paragraph 1 of the Patent Law;
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(6) The patent application category (invention, utility model or design) is unclear or difficult to determine.
The above knowledge is the editor’s answer to relevant legal issues. The situations in which the patent management department will not accept the application include that the patent application is not submitted in writing and the application documents are not submitted in writing. Failure to meet the requirements, incomplete application documents, etc. If you need legal help, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has professional lawyers to answer your questions.
