(1) If it does not meet one of the following acceptance conditions (1), (2) or (3);
(2) The foreign applicant obviously does not have the right to apply for a patent due to nationality or residence;
(3 ) Foreign applicants need to entrust a patent agency designated by the State Intellectual Property Office to handle the matter due to nationality or residence as stipulated in Paragraph 1 of Article 19 of the Patent Law but fail to do so;
(4) Legal persons or residents from Hong Kong, Macao and Taiwan directly mail patent applications to the Patent Office from Hong Kong, Macao and Taiwan;
(5) Hong Kong and Macao When a Taiwanese legal person submits a patent application to the Patent Office as an applicant, it fails to entrust a patent agency designated by the State Intellectual Property Office to handle the application.
Conditions for the Patent Office to accept patent applications
If the patent application meets the following conditions, the Patent Office shall be accepted.
(1) There is a request letter in the application documents. The request should clearly indicate the type of patent being applied for; state the name and address of the applicant.
(2) The invention patent application document contains a description and claims; the utility model patent application document contains a description (must include description and drawings) and claims. ; There are pictures or photos in the design patent application documents.
(3) The application documents must be typed or printed in Chinese. The handwriting and lines of all application documents are clearly legible and have not been altered. At least the contents can be easily distinguished. The description, drawings, and pictures of the design of the invention or utility model are drawn in indelible handwriting and have not been altered.
(4) If the applicant is a foreigner, he shall comply with the relevant provisions of Article 19, Paragraph 1 of the Patent Law, and his country of origin shall comply with Article 10 of the Patent Law. Article 8 of the relevant provisions.
(5) The applicant is a legal person or resident of Hong Kong, Macao and Taiwan, and should go through the entrustment procedures in accordance with relevant regulations.
Patent OfficeAfter receiving a patent application, the acceptance office and each agency shall comprehensively and carefully inspect and verify all documents, and issue a notice of acceptance or rejection in accordance with the law.
