Under what circumstances are patent applications not accepted
Invention and utility model patent applications submitted by the applicant to the Patent Administration Department of the State Council The application shall include a patent application request, description (utility model including drawings) and claims, or the submitted design application shall include a patent application request, design pictures or photos, and the Patent Administration Department of the State Council finds that the application documents contain Patent applications will not be accepted under any of the following circumstances:
1. The invention or utility model lacks a request, description (utility model has no drawings) and claims, or the design patent lacks a request, pictures or photos;
2. No Chinese is used;
3. Various application documents are not typed, printed, or written in accordance with regulations, and the accompanying drawings are not drawn in accordance with the requirements for drawing graphics;
4. Failure to comply with the "Patent of the People's Republic of China"The serial numbers are numbered with Arabic numerals in accordance with the requirements of the Implementing Regulations of the Law;
5. The applicant’s name and address are missing from the request;
6. Clearly inconsistent with the provisions of Articles 18 and 19 of the Patent Law;
7. The category of the patent application (invention, utility model or design) is unclear or difficult to determine.
"Patent Law Implementing Rules"
Article 39 If a patent application document contains any of the following circumstances, the patent administration department of the State Council will not accept the application 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 Request letter, pictures or photos, brief description;
(2) Not using Chinese;
(3) Failure to comply with the provisions of paragraph 1 of Article 121 of these Rules;
(4) The applicant’s name or address is missing in the request;
(5) Obviously does not comply with the provisions of Article 18 or Article 19, Paragraph 1 of the Patent Law;
(6) Patent application category (invention, utility model or design ) is unclear or difficult to determine.
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