What are the specific circumstances for acceptance and rejection of patent applications
If the patent application meets the following conditions, the patent The Bureau shall accept:
(1) Application documents There is a request letter. The request should clearly indicate the type of patent being applied for; state the name and address of the applicant.
(2) There is a description in the invention patent application document and claims; the utility model patent application document must have a description (must have instructions and drawings) and claims; the design patent application document must have pictures or photos.
(3) The application documents must be typed in Chinese or printed. 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) The applicant is a foreigner, Should comply with the relevant provisions of Article 19, Paragraph 1 of the Patent Law, which belongs toThe country should comply with the relevant provisions of Article 18 of the Patent Law.
(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.
If the patent application has any of the following circumstances, The Patent Office will not accept:
(1) No Meet one of the above acceptance conditions (1), (2), (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 stipulated in Paragraph 1 of Article 19 of the Patent Law due to nationality or residence and designated by the State Intellectual Property Office Handled by a patent agency without entrustment;
( 4) Legal persons or residents from Hong Kong, Macao and Taiwan mail patent applications directly to the Patent Office from Hong Kong, Macao and Taiwan;
(5) When a Taiwanese legal person from Hong Kong and Macao filed a patent application with the Patent Office as an applicant, he did not entrust a patent agency designated by the State Intellectual Property Office to handle the application.
After receiving a patent application, the Patent Office Acceptance Office and various agencies shall comprehensively and carefully inspect and verify all Documents and a notice of acceptance or rejection in accordance with the law.
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