What is the subject matter that cannot be patented?

Inventions that violate national laws, social ethics or harm public interests. Such as drug paraphernalia, etc. Inventions that violate scientific laws. For example, a perpetual motion machine does not comply with the law of conservation of energy and cannot be patented. Regarding the question of what is the object that cannot be patented, the editor of Legal Savior Network will give you a detailed answer below.

1. What is the object that cannot be patented

1. Violation National laws, social ethics or inventions that harm public interests. Such as drug paraphernalia, etc.

2. Inventions that violate scientific laws. For example, a perpetual motion machine does not comply with the law of conservation of energy and cannot be patented.

3. Scientific discovery. For example, an astronomer discovered a new star through observation; Newton discovered the law of universal gravitation, etc. These are all things that exist objectively in nature and cannot be granted Patent rights.

4. Rules and methods of intellectual activities. For example, a new way to play poker or a certain chess card, etc.

5. Diagnosis and treatment methods of diseases. For example, an old Chinese medicine doctor can diagnose some difficult-to-diagnose diseases through a special pulse signal method and treat them with acupuncture, special acupoint massage therapy, etc. These cannot be patented, but medicines that can be mass-produced for diagnosing or treating diseases, Devices and their preparation methods can be patented.

6. Patent rights cannot be granted for new varieties of animals and plants. In our country, there are Regulations on the Protection of New Plant Varieties that are specifically designed to protect new plant varieties.

7. Substances obtained by nuclear transformation cannot be granted patent rights.

8. Legal basis:

"Patent Law of the People's Republic of China" 25 Article 1, no patent rights are granted for the following items:

(1) Scientific discoveries;

(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, colors or two-dimensional effects on flat printed matter The design mainly serves the purpose of identification and is made by a combination of persons.

The production method of the products listed in item (4) of the preceding paragraph may be granted in accordance with the provisions of this Law Patent rights.

II.

strong>What are the conditions for granting a patent?

Inventions and utility models for which patent rights are granted must possess novelty, creativity and practicality.

(1) Novelty: means that the invention or utility model does not belong to existing technology; and no unit or individual has filed an application with the Patent Administration Department of the State Council for the same invention or utility model before the application date, and it has been recorded in the patent application documents or announced patent documents published after the application date.

(2) Creativity: means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress .

(3) Practicality: means that the invention or utility model can be manufactured or used and can produce positive effects.

3. How to apply for a patent?

To apply for an invention or utility model patent, a request must be submitted Documents such as the book, description and its abstract and claims.

(1) The request shall state the name of the invention or utility model and the name of the inventor, Applicant’s name, address, and other matters.

(2) The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.

(3) The claims should be based on the description and clearly and briefly define the scope of patent protection requested.

For inventions and creations that rely on genetic resources, the applicant should explain the direct source and original source of the genetic resource in the patent application document; the applicant cannot explain the original source Yes, the reasons should be stated.

4. What should I do if my patent rights are infringed?

Exploiting the patent without the permission of the patentee will infringe the patent rights and cause disputes, which shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested parties may file a lawsuit in the People's Court, or they may Request the patent management department to handle it.

If the patent management department determines that the infringement is established, it can order the infringer to immediately stop the infringement. If the party is dissatisfied, he or she can receive a processing notice. File a lawsuit with the People's Court in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of the infringement; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

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