(1) Inventions and creations that violate laws, social ethics and public interests. For example, the more advanced the method of making counterfeit money, the greater the harm to society. Inventing new gambling tools and drug-taking tools is also harmful to society. Also, like a self-destructing safe, the purpose is not to let the thief steal successfully, but there are factors that kill people, which is also against social morality. In terms of etiquette, the hat-taking machine can be made with the existing technology, but if a hat-taking machine is put at home, the hat will be taken away suddenly by the machine as soon as the guest enters the door, which is obviously extremely impolite.
(2) scientific discovery. Scientific discovery refers to the discovery of objective natural laws, while patents protect inventions. The two are not the same thing at all. Kepler's three laws of planetary motion and Maxwell's electromagnetic equation have never been patented, but matches, candles and light bulbs have all been patented.
(3) Rules and methods of intellectual activities. The rules and methods of intellectual activities usually refer to: competition rules, management rules, statistical methods, classification methods, calculation methods, puzzle solving methods, shorthand methods, retrieval methods, simple computer programs and Chinese character coding. Obviously, the retrieval method I introduced to you here is definitely impossible to file a patent application. However, devices, equipment and instruments invented to realize the rules and methods of these intellectual activities can apply for patents.
(4) Foods, beverages and condiments. Why can't food, beverage and condiment be patented? There are two reasons: first, because these things are people's daily necessities, the price must remain stable and low. If the patent application is allowed, the inventor will add the investment of invention and creation and the profit of patent monopoly to the price of patented products, so that the prices of these products will rise. Two, after being granted patent protection, the patentee shall enjoy the exclusive right to exploit the patent, and no one else may manufacture, use or sell the patented product without the permission of the patentee. The patentee may or may not exploit the patent. If the patentee does not make food by himself or allows others to make food, it will seriously affect people's lives.
However, the method of making food, beverage and condiment can be patented. Animal feed is not restricted, and you can apply for a patent.
5. Drugs and substances obtained by chemical methods.
Drugs usually refer to substances directly used for diagnosis, treatment or prevention of human or animal diseases, or for contraception, including single compounds, compositions and biological products. The reasons for not granting patent protection to drugs are basically the same as those for not granting patent protection to food. However, daily necessities and cosmetics containing drugs (such as medicated toothpaste, hair dye, etc. ) and medical supplies that are not directly used for human body (such as reagents for laboratory tests, disinfectants for environment and appliances, etc.). ) is not a drug, and pesticides are not drugs. Although drugs are not granted patent protection, the industrialized production methods of drugs are protected by patents. The industrial production method emphasized here is the manual preparation method that excludes drugs.
A substance obtained by chemical means refers to a substance that is different from the original substance in structure, composition and properties through chemical changes. Even if it can be obtained by other non-chemical methods, it is considered to be obtained by chemical methods. There are many kinds of substances obtained by chemical methods, which are complicated to protect. At present, mainly some industrialized countries grant patent protection to this substance, but most developing countries do not, and neither does China's patent law.
Substances obtained by chemical methods include simple substances, single compounds and high molecular polymers, and isomers and polymers of the same kind with different molecular weights also belong to this category. However, the following substances are not regarded as substances obtained by chemical methods and may apply for patent protection:
(1) component (also called mixture). It is composed of more than one effective component according to a certain proportion and does not react with each other, such as silicate products such as cement, ceramics and glass, polymer compositions such as coatings, adhesives, detergents, inks and paints, and pesticides, fertilizers, explosives, alloys and intermetallic compounds.
② Catalyst. Whether in the form of a simple substance, a single compound or a composition.
③ Molded products made of chemical substances. Such as plastic film, man-made fiber, rubber, various layered products, etc.
For the production methods of chemical substances, such as inorganic synthesis, organic synthesis, polymerization, extraction, purification, analysis and testing, purification and other methods, you can apply for patent protection. Chemicals used for specific purposes can also be patented as method inventions.
(6) Species of animals and plants. Animal and plant varieties are divided into two categories: natural growth and artificial cultivation. Of course, the animals and plants that exist in nature are not invented and created by human beings, and the artificially cultivated varieties of animals and plants must be screened for a long time and several generations to achieve significance, stability and unity, which brings great difficulties to patent approval. With the development of biotechnology, some countries with strong patent examination power give patent protection to artificially cultivated animal and plant varieties, while most countries with weak patent examination power do not. However, protection can be applied for the production and cultivation methods of animal and plant varieties, but here refers to abiotic or genetic methods, such as radiation, heat preservation, fertilization, artificial propagation, artificial cultivation and so on.
(7) substances obtained by nuclear transformation. The substance obtained by nuclear transformation refers to simple materials or compound obtained by nuclear fission or fusion. Almost all countries do not protect this. First of all, for national defense reasons, because such substances can be used to make nuclear weapons; The second is to protect the domestic nuclear industry from the influence of patents on substances obtained by foreign nuclear transformation methods. It is worth noting that not only this substance cannot be patented, but even the nuclear transformation method itself cannot be patented.
In addition, different styles of artworks and buildings cannot be protected by patents because of their "three characteristics of patents". However, materials, tools and machinery used in artistic creation and architecture can apply for patent protection as long as they have the "three characteristics of patents".