What are the circumstances under which the Patent Office will not accept a patent application?

Patent application is a necessary procedure for obtaining patent rights. To obtain a patent right, the applicant must submit an application to the national patent office, which shall approve and issue a certificate. So what are the circumstances under which the Patent application will not be accepted by the Patent Office? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What are the circumstances under which the patent application will not be accepted by the Patent Office

If the patent application has any of the following circumstances, the Patent Office will not approve it. Accept the application, notify the applicant, and return the application documents.

(1) The patent application is not submitted in writing, Or those 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) Application documents (including request letter) have not been submitted Typing, printing, or unclear handwriting or alterations; drawings or design pictures that are not drawn with drawing tools and black ink, or are blurred (design photos) or have alterations 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, for example, the invention application is missing any of the request, claims, and description; the utility model patent application is missing any of the request, claims, description, and drawings. oneIf 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) The applicant’s name is missing in the request or Applications with unknown names and addresses will not be accepted.

(5) Patent application category (invention, utility model or design) that is unclear or cannot be determined will not be accepted.

(6) There is no agreement or treaty relationship with our country , nationals or units of countries without patent reciprocity, applications submitted to our country will not be accepted; or foreigners or foreign units that do not have a regular residence or business office in our country, as well as units and compatriots from Hong Kong, Macao, and Taiwan. Application procedures that are completed in accordance with the provisions of Article 19, Paragraph 1 of the Patent Law will not be accepted.

(7) Legal persons and residents in Hong Kong, Macao and Taiwan regions directly Mailing a patent application from Hong Kong, Macao and Taiwan to the Patent Office; When a legal person from Hong Kong, Macao and Taiwan submits a patent application to the Patent Office as an applicant, he fails to entrust a patent agency designated by the State Intellectual Property Office to handle it.

The above is the relevant content summarized by the editor of Legal Savior Network , if there is anything you still cannot understand about this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.