According to the second paragraph of Article 25 of the Patent Law of People's Republic of China (PRC), the rules and methods of intellectual activities are not granted patent rights.
Intellectual activity refers to people's thinking movement, which originates from people's thinking and produces abstract results through reasoning, analysis and judgment, or 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. Therefore, the rules and methods guiding people to carry out such activities cannot be patented.
Attached to the second paragraph of Article 25 of the Patent Law of People's Republic of China (PRC):
Article 25 No patent right shall be granted for the following items: (1) Scientific discovery;
(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;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.