According to the patent law:
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation.
Your creativity should belong to item (2) above. Intellectual activity refers to people's thinking movement, which originates from people's thinking and produces abstract results through reasoning, analysis and judgment, or it must indirectly act on nature through people's thinking movement as a medium to produce results. The rules and methods of intellectual activities are those that guide people to think, express, judge and remember. Because no technical means or natural laws are used, technical problems are not solved and technical effects are produced, it does not constitute a technical scheme. It does not conform to the provisions of paragraph 1 of Article 2 of the Detailed Rules for the Implementation of the Patent Law, and it also belongs to the circumstances stipulated in Item (2) of Paragraph 1 of Article 25 of the Patent Law. Therefore, the rules and methods guiding people to carry out such activities cannot be patented.
When judging whether the subject matter required to be protected by a patent application involving the rules and methods of intellectual activities belongs to patentable objects, the following principles should be followed:
(1) If the claim only relates to the rules and methods of intellectual activities, the patent right shall not be granted.
If a claim, except its subject name, defines all its contents as the rules and methods of intellectual activities, then the claim essentially only involves the rules and methods of intellectual activities and should not be granted a patent right.
take for example
The examination method of patent application;
Management methods and systems in organization, production, commercial implementation and economy;
Traffic rules, time arrangement and competition rules;
Methods of deduction, reasoning and operation;
Book classification rules, dictionary arrangement methods, information retrieval methods, patent classification;
Rules and methods for arranging calendars;
Operating instructions for instruments and equipment;
Grammar of various languages and coding methods of Chinese characters;
Computer language and calculation rules;
Fast algorithm or formula;
Mathematical theory and transformation method;
Psychological testing methods;
Methods of teaching, teaching, training and taming animals;
Rules and methods of various games and entertainment;
Statistical, accounting and bookkeeping methods;
Music score, menu, chess score;
Methods of physical exercise;
General survey of diseases and demographic methods;
Information expression;
The computer program itself.
(2) Except for the above-mentioned situation (1), if a claim contains both the contents of rules and methods of intellectual activities and technical features in all the contents defining it, the claim as a whole does not belong to the rules and methods of intellectual activities, and the possibility of obtaining a patent right should not be ruled out according to the provisions of Article 25 of the Patent Law.