1. Can biological methods be patented
Biological methods cannot be granted patent rights. In China, the circumstances under which patents cannot be granted include:
(1) Scientific discovery;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
(5) Atomic nucleus transformation method and substances obtained by atomic nucleus transformation method;
(6) Patterns and colors of flat printed matter Or a combination of the two to create a design that mainly functions as a logo.
Article 25 of the Patent Law
2. What are the conditions for granting patent rights?
1. Application for grant of invention and utility The conditions for a new type patent are novelty, creativity and practicality;
2. The conditions for applying for a design patent are that it must be novel and not belong to the existing There is a design;
3. It cannot conflict with the prior patent rights of others.
3. What are the legal characteristics of patent rights?
(1) It is exclusive.
(1) It is exclusive.
The so-called exclusivity is also known as monopoly or proprietary nature. Patent rights are granted by the government authorities based on the application of the inventor or applicant and believe that the invention and creation comply with the patent law. An exclusive right granted to the applicant or his legal assignee under specified conditions. It is exclusively owned by the patentee, and the patentee has the right to possess, use, benefit from and dispose of the object of the right (i.e. invention-creation). .
(2) It has temporality.
The so-called temporality of patent rights, that is, It means that the patent right has a certain time limit, which is the protection period stipulated by law. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. China's "Patent" Article 42 of the Law stipulates: “The term of invention patent rights is 20 years, and the term of utility model and design patent rights is 10 years, both calculated from the date of application. ”
(3) It is regional.
The so-called regionality means that the patent rights Spatial limitation. It means that the patent rights granted and protected by a country or a region are only valid within the scope of that country or region and have no legal effect on other countries and regions, and their patent rights are not recognized and protected. . If the patentee wants to enjoy patent rights in other countries, he must file a separate patent application in accordance with the laws of other countries. Unless otherwise provided in international treaties and bilateral agreements, no country will recognize other countries or international knowledge. Patent rights granted by property rights agencies.
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