1. What is the object that cannot be patented
1. Yes Patent rights will not be granted for inventions that violate laws, social ethics or harm public interests.
2. No patent rights will be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.
3. Scientific discovery;
4. Rules and methods of intellectual activities;
4. p>
5. Diagnosis and treatment methods of diseases;
6. Animal and plant varieties;
6. p>
7. Substances obtained by nuclear transformation;
8. For patterns on flat printed matter, Color or a combination of both creates a design that serves primarily as a logo.
9. Legal basis: "Patent Law of the People's Republic of China" Article 5, Article 25
2. What are the limitations of patents
strong>
1. Limitation 1: Temporality
The so-called Temporality means that any patent right is subject to statutoryIt is valid for a certain period of time. If the legal validity period is exceeded, the patent right cannot continue to be exercised. In my country, invention patents are valid for 20 years, and utility model and design patents are valid for 10 years. Patent rights are different from trademark rights. After expiration, the rights will automatically terminate. The patented technology becomes public technology and can be used by anyone for free and cannot be renewed. It should be noted that when a patent right is declared invalid or due to failure to pay annual fees and other fees, the patent right will be terminated early, and the time for the right holder to exercise the patent right will be greatly shortened.
This is because the protection of patents is related to the public interests and the overall interests of mankind. If advanced technology has been monopolized, it will easily hinder social development. Patents can be used to create unlimited value within this limited time. Patent transfer, patent licensing, patent pledge loans, patented technology shares, etc. are all good ways to increase the value of patents.
2. Limitation 2: Regionality
The law of which jurisdiction does the patent right arise from? , in which jurisdiction it is protected by law. For example, patents authorized in China cannot be exercised in the United States, and conversely, patents authorized in the United States are not protected in China. In China, there are four major regions (Mainland, Hong Kong, Macau and Taiwan). If you want to exercise patent rights for a certain invention, you need to apply for a patent there.
It is recommended to apply for a PCT patent, which can simplify the process of applying for patents in many foreign countries, easily expand the protection area of patented technology, and establish a patent "protective umbrella" in the global field. In 2019, China’s number of PCT international patent applications ranked first in the world for the first time. As the awareness of intellectual property protection continues to increase, more companies are paying attention to the layout of intellectual property rights overseas.
3. Limitation 3: Special circumstances of exclusivity
The exclusivity of patent rights has become a The best weapon for enterprises to fight against competitors. The exclusivity of patent rights means that the patentee has the right to prohibit others from implementing the patented solution (including technical solutions and design solutions).
But exclusivity also has its special circumstances. For example, the implementation of some patents related to specific products will be restricted by specific laws and regulations. The most representative of these are the pharmaceutical industry, which is related to people's lives and health, and the military industry such as weapons manufacturing, which is related to the security of the entire country.
The reason why the state has made special provisions on patent rights in the pharmaceutical industry and military industry is for the sake of social order.order maintenance and people’s safety. The limitation of the exclusivity of patent rights in these specific areas does not mean the loss of the rights of the patentee.
As a type of intellectual property, the establishment of the patent system is the same as other intellectual property systems. On the one hand, it requires encouraging innovation and stimulating the invention and creation of the right holder; on the other hand, it requires On the one hand, we must also promote the spread of science and technology and protect the interests of the public. Therefore, based on the balance of interests, patents must have a protection period and cannot be protected permanently. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
No comments yet. Say something...