What is the legal gist when rejecting a application?

There are following 9 gist:

 

(1) The subject matter of a application does accord with the definitions of invention, utility model or design made by the Implementing Regulations of the Patent Law of the People's Republic of China, i.e. "Invention" in the Patent Law means any new technical solution relating to a product, a process or improvement thereof. "Utility model" in the Patent Law means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. "Design" in the Patent Law means any new design of the shape, the pattern or their combination, or the combination of the color with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.

 

(2) The application subject is contrary to the laws of the State or social morality or that is detrimental to public interest, according to article 5 of the Patent Law.

 

(3) The application subject is not in the range of patent, such as scientific discoveries, rules and methods for mental activities, methods for the diagnosis or for the treatment of diseases, animal and plant varieties and substances obtained by means of nuclear transformation.

 

(4) Subject of a invention patent or an utility model lack of novelty, inventiveness, or practical applicability, and the subject of design is either simi1ar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad, or has been publicly used in the country, or in conflict with any prior right of any other person.

 

(5) The description of an invention or utility model is not sufficiently clear and complete.

 

(6) The patent right requirement is neither sufficiently clear, nor concise nor technically convinced solving a certain technical problem.

 

(7) Application in a foreign country for a patent for invention-creation made in China, it or he shall file first an application for patent with the patent administration department under the State Council, appoint a patent agency designated by the said department to act as its or his agent, and comply with the provisions of Article 4 of this Law.

 

(8) Amendment to the application for a patent for invention or utility model may go beyond the scope of the disclosure contained in the initial description and claims, and the amendment to the application for a patent for design may go beyond the scope of the disclosure as shown in the initial drawings or photographs.

 

(9) Other applicant has applied for the same patent already.