If the patent application is not approved, why is the patent application not approved?

If the patent application falls under any of the following circumstances, the Patent Office shall not accept it, notify the applicant, and return the application documents at the same time.

1) A patent application cannot be accepted if it is not filed in writing or written in Chinese.

2) The application documents (including the request form) are not typed or printed, or the handwriting is unclear or altered; Drawings or designs** that have not been drawn with drawing tools and black ink, or that are blurred (design**) or have been altered will not be accepted. Ambiguous ** is not admissible.

3) The basic application documents are incomplete, such as the lack of a request for an invention or utility model patent, the description (the utility model application is missing drawings), or any one of the claims is missing; If the application for a design patent is missing, ** or any of the following items cannot be accepted.

4) If the applicant's name and address are not clear in the request, it will not be accepted.

5) The patent application (invention, utility model or design) is unclear or indefinite shall not be accepted.

6) Nationals or units belonging to countries that have neither agreement or treaty relations with China nor patent reciprocity shall not be accepted for applications submitted to China; or foreigners or foreign units that do not have a permanent residence or business office in China, as well as units and compatriots in Hong Kong, Macao and Taiwan who have not gone through the application formalities in accordance with the regulations, cannot be accepted.

7) Some defects in the application documents do not affect the acceptance.

- Gao Qiyun.

Novelty, innovation, practicality This is the characteristic of patents, I don't know what to do, I can communicate, professional people do professional things.

The passage of the patent application does not show that the innovation point is not enough.

First, the data is missing.

This is one of the most common scenarios. It may be that there is a lack of required requests, specifications or ** at the time of applying for a patent, and the specific information depends mainly on the type of patent; It is also possible that the information is complete, but the applicant's name, address, etc. The request is missing, and the application submitted at this time will not be approved.

Second, the information is not standardized.

Sometimes, even if we fill in all the information, we still do not pass, then we need to see whether the information we submit meets the specified acceptance conditions. First, all application documents must be printed or printed in Chinese, and second, the handwriting lines are clear, and the drawings are written in handwriting that will not be erased, without any traces of alteration. If the request is written in a foreign language, it will certainly not be accepted.

3. Applicant Restrictions.

At present, the most basic requirement for domestic patent registration is that it must be of Chinese nationality.

Have a fixed domicile or place of business in the Mainland. Foreign household registration, foreign enterprises, organizations or Hong Kong, Macao and Taiwan.

Individuals and enterprises, as the first signature applicants, do not entrust the patent ** agency to apply, basically not accepted.

Fourth, mailing restrictions.

As we all know, patent applications.

All the documents need to be mailed to the Patent Office for acceptance and approval, so if these materials are mailed directly from abroad, or Hong Kong, Macao and Taiwan, the most.

There are several reasons why the patent application was not approved.

1.The submitted patent application information is incomplete or the information is filled in incorrectly;

2.The contents of the patent specification are unclear or there are obvious errors, such as unclear description of the relevant steps, etc.

3.The types of invention applications are not clearly distinguished, and so on.

Only by getting the national certification, this new celery stool technology, new products or new processes can really belong to you, otherwise there is no patent certificate, no matter how good the technology is likely to become someone else's, many large enterprises have their own patent departments, and there are a lot of patent to be applied for every year, which not only protects the rights and interests of the enterprise itself, but also avoids various disputes due to patents, but there are not many companies that can do this, and many companies have not even applied for patents. If you want to make the technology, products, etc. belong to the enterprise, you have to submit an application according to the formal process, so why can't the patent application be passed?

After many companies have prepared the relevant documents, they will directly submit an application to the patent office, and they originally thought that they would be successful, but they did not expect to be rejected soon, what is the reason? In fact, the reason for the failure to pass is not complicated, some companies do not understand the importance of patents, so they make it public long before submission, and the whole world has seen it, how can the authorities be sure that the patent really belongs to the enterprise? Therefore, the probability of failure will be very high, and the application will not be approved if there is no published copy before the patent application.

Enterprises need to know one thing, why can't the patent application be approved? It has a lot to do with the degree of openness, which is why many companies will do a good job of confidentiality during the application period, and now is the data age, if this is not done well, then it will be very difficult to succeed in the application. If you find it very difficult, or the process is very cumbersome, the enterprise can also ask the ** agency to help deal with it, and the effect will be better.

Intellectual Property Trademark Transfer Network provides trademark transfer services, trademark trading on Bajie, purchase trademarks to save trademark registration time.

Approval process for patent applications for electronic products.

Specific steps to file a patent application for an industrial product.

What are the details to pay attention to in a food patent application?

Patent application.

1. The invention patent application lacks a request, description or claims; The application for a utility model patent lacks a written request, description, drawings or claims; The design patent application lacks a request, ** or a brief description.

2. The tour file does not use Chinese. For example, applications in foreign languages that have not been translated will not be accepted.

3. If the application documents meet the acceptance conditions in the following provisions, the application documents are typed or printed in Chinese. The handwriting and lines of all application documents are legible and have not been altered, so that the contents can be distinguished.

4. The applicant's name or title or address are missing in the request.

5. The foreign applicant is obviously not qualified to file a patent application due to nationality or residence.

6. Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in Chinese mainland are the first signing applicants, and no patent ** agency is entrusted.

7. There is no habitual residence or business office in Chinese mainland. Individuals, enterprises or other organizations in Hong Kong, Macao or Taiwan are the first signature applicants, and have not entrusted a patent ** agency.

8. Directly mailed to the Patent Office from a foreign country.

9. Directly from Hong Kong, Macao or Taiwan to the Patent Office.

10. The category of the patent application (invention, utility model or design) is unclear or difficult to determine. For example, if Shen Shen filed a design request, a description and drawings to the description, the patent office would not accept the application because the design patent application did not need to submit the last two documents, and it was impossible to determine what type of patent the applicant wanted to apply for.

11. The divisional application changes the application category.

The failure of the preliminary examination is generally due to the fact that the invention or utility model applied for the patent does not have novelty, inventiveness or practicability, and there are problems with the design or use of the patent. The patent is rejected during the substantive examination process because the content of the patent is inconsistent with the patent specification or exceeds the outline, the type of application is inconsistent with the patent, or the patent belongs to the category of subject matter for which the patent is not patented.

1. An application for invention for invention shall be rejected under the following circumstances after substantive examination:

1) The application does not comply with the provisions of Article 2, Paragraph 1 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China on inventions.

2) The application is an invention-creation that violates national laws, social morality or obstructs the public interest as stipulated in Article 5 of the Patent Law of the People's Republic of China; or it falls under the norm of non-grant of patent rights as stipulated in Article 25 of the Patent Law of the People's Republic of China; or does not meet the requirements of novelty, inventiveness and practicability as stipulated in Article 22 of the Patent Law of the People's Republic of China and Article 12, Paragraph 1 of the Implementing Rules of the Patent Law; or the patent right cannot be obtained in accordance with Article 9 of the Patent Law of the People's Republic of China.

3) The application does not comply with the provisions of Paragraphs 3 and 4 of Article 26 of the Patent Law of the People's Republic of China, and the description or claim that meets the requirements of the Patent Law is not provided; or does not meet the requirements of the principle of one invention and one patent as stipulated in Article 31, Paragraph 1 of the Patent Law of the People's Republic of China;

4) The application for modification or the application of the scheme exceeds the scope of the original description and the claim secretary.

2. How long does it take for the priority examination of a patent?

It takes about 3 to 6 months from the application of a patent to the receipt of a certificate. A utility model patent, also known as a small invention or a small patent, is the object of patent rights and the object of protection under the Patent Law, and refers to the utility model for which a patent right should be granted in accordance with the law. A utility model usually refers to a new technical solution for the shape, structure or combination of a product that is suitable for practical use.

1. For design patents, it takes about 3 to 6 months from application to certificate; 2. For utility model patents, it takes about 3 to 6 months from application to obtaining the certificate;

3. It takes about 1 2 years from the application to the certificate for invention patents. The Administrative Measures for Priority Examination of Patents will be implemented from August 1, and if the State Intellectual Property Office agrees to conduct priority examination, it shall close the case within the following time limits from the date of consent: The first notice of reasons for reasons for examination shall be issued within 45 days for an invention patent application and the case shall be closed within one year; Utility model and design patent applications are closed within two months; Patent reexamination cases are concluded within seven months; Invalidation cases for invention and utility model patents are concluded within five months, and design patent invalidation cases are concluded within four months.

Regionality: Generally, it should be authorized by the State Intellectual Property Office. Timeliness:

A patent right that has not expired due to payment, invalidation, abandonment, etc., within the prescribed period of protection. Note: If a patent right is declared invalid for some reason, the patent right will be deemed to have existed ab initio, so even if someone else has already exploited it, it does not constitute patent infringement.

2. There is an illegal act, that is, the actor has the act of exploiting the patent for profit without the permission of the patentee. Note: According to Article 69 of the Patent Law, any of the following circumstances shall not be deemed to infringe the patent right:

1) The patented product or the product directly obtained in accordance with the patented process is used, offered to be sold, sold or imported by the patentee or the unit or individual authorized by the patentee. (2) The product with the same product has been manufactured before the date of the patent application, the same method has been used, or the necessary preparations have been made for manufacturing and use, and the manufacturing and use are continued only within the original scope. (3) The use of relevant patents in the devices and equipment of foreign means of transport temporarily passing through China's territorial land, territorial waters or airspace in accordance with the agreements signed between the country to which they belong and China or the international treaties to which they are parties, or in accordance with the principle of reciprocity, for the needs of the means of transport itself.

4) The use of relevant patents for the purpose of scientific research and experiments. (5) Manufacturing, using, or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, as well as manufacturing or importing patented drugs or patented medical devices specifically for them. 3. The perpetrator is subjectively at fault The subjective fault of the infringer includes intentional and negligent intentional:

The actor clearly knows that his act is an act of infringing the patent rights of others and commits the act Negligence: The actor commits an act of infringing the patent rights of others due to negligence or overconfidence Note: Paragraph 2 of Article 63 of the Patent Law stipulates that even if the actor is not subjectively at fault, it constitutes patent infringement, but he does not bear the liability for compensation.

4. It should be for the purpose of production and operation The purpose of production and operation should also be one of the constitutive elements for judging patent infringement. Article 11 of the Patent Law stipulates that after an invention or creation has been granted a patent right, no one may exploit the patent except as otherwise provided in this Law, and the exploitation shall not be for the purpose of production or operation.

Article 60 of the Patent Law of the People's Republic of China Article 11 of the Patent Law of the People's Republic of China Article 69 of the Patent Law of the People's Republic of China.