What are the objects of patent rights stipulated in my country’s Patent Law?

The object of patent rights, also known as the object protected by Patent law, refers to inventions and creations that can obtain patent rights and can be protected by patent law. Regarding the question of what the subject matter of patent rights stipulates in my country’s Patent Law, the editor of Legal Savior Network will answer it in detail for you below.

1. What does my country’s patent law stipulate as the object of patent rights?

1 The object of patent rights, also known as the object of patent law protection, refers to inventions and creations that can obtain patent rights and can be protected by patent law.

2. Legal basis: Article 2 of the "Patent Law of the People's Republic of China" stipulates that inventions and creations referred to in this law refer to inventions, utility models and designs. . Therefore, the objects of patent rights should be inventions, utility models, and designs.

2. What objects are not protected by the patent law?

1. Violate the law, social ethics or hinder public interests inventions and creations. National laws refer to laws formulated and promulgated by the National People's Congress or the Standing Committee of the National People's Congress in accordance with legislative procedures. It does not include administrative rules and regulations. If the purpose of the invention is contrary to national laws, patent rights cannot be granted. For example, equipment, machines or tools used for gambling; drug paraphernalia, etc. cannot be granted patent rights. The purpose of the invention itself does not violate national laws, but if it violates national laws due to misuse, it does not fall into this category.

2. Scientific discovery. It refers to the revelation of objective phenomena, change processes, and characteristics and laws in nature. Scientific theory is a summary of the understanding of the natural world and a broader discovery. They are all extensions of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from technical solutions to transform the objective world. They are not inventions and creations in the sense of patent law, and therefore cannot be granted patent rights.

3. Rules and methods of intellectual activities. Intellectual activity refers to human thinking movement. It originates from human thinking and produces abstract results through reasoning, analysis and judgment, or it must be mediated by human thinking movement.It can indirectly act on nature to produce results. It is only a rule and method that guides people to think, identify, judge and remember information. Since it does not use technical means or utilize natural laws, it does not solve technical problems and produce technical effects. Therefore, it does not constitute a technical solution. For example, traffic driving rules, grammar of various languages, speed algorithms or oral judgments, psychological testing methods, various games, entertainment rules and methods, music scores, recipes, chess scores, computer programs themselves, etc.

4. Diagnosis and treatment methods of diseases. It is the process of identifying, determining or eliminating the causes and lesions of living people or animals. Excluding disease diagnosis and treatment methods from the scope of patent protection is based on humanitarian considerations and social ethics. Doctors should have the freedom to choose various methods and conditions during the diagnosis and treatment process. In addition, this type of method directly uses living human or animal bodies as the implementation object. It is theoretically considered that it does not belong to the industry and cannot be used industrially. It is not an invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immunization methods to prevent diseases, plastic surgery or weight loss for therapeutic purposes, etc. But drugs or medical devices can be patented.

5. Animal and plant species. However, patent rights may be granted for methods of production of animal and plant varieties.

6. Substances obtained by nuclear transformation.

7. The design of the pattern, color or combination of the two on a flat printed matter mainly serves the purpose of marking.

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