Negative conditions for granting patents

1. Negative conditions for granting patents 1. Inventions and creations that violate laws, social ethics or harm public interests. If the purpose of the invention itself violates the laws of the state, the patent right cannot be granted. 2. Scientific discovery. It refers to the revelation of objective phenomena, changing processes, characteristics and laws in nature. Scientific discovery is different from the technical scheme to transform the objective world, and it is not an invention in the sense of patent law, so patent right cannot be granted. 3. Rules and methods of intellectual activities. Intellectual activities are only rules and methods that guide people to think, identify, judge and remember information. 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. 4. Diagnosis and treatment of diseases. It is a process of identifying, determining or eliminating the cause and focus with living people or animals as the direct implementation object. The exclusion of the diagnosis and treatment of diseases from the scope of patent protection is due to humanitarian considerations and social and ethical reasons. Doctors should have the freedom to choose various methods and conditions in the process of diagnosis and treatment. In addition, this method directly takes the living human body or animal body as the implementation object, which is theoretically considered not to belong to the industry, can not be used in the industry, and does not belong to the invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immune methods to prevent diseases, cosmetic or weight loss treatment, etc. However, drugs or medical equipment can be patented. 5. Species of animals and plants. However, patents may be granted for the production methods of animal and plant varieties in accordance with this Law. 6. Substances obtained by nuclear transformation. 7. The design of pattern, color or combination of the two for plane printed matter. What are the negative conditions for granting a patent right? 2. Positive conditions for granting a patented invention or utility model (1) Novelty refers to the fact that the same invention or utility model has not been publicly published in domestic and foreign publications, publicly used in China or known to the public in other ways before the filing date. The same invention or utility model has not been applied to the Patent Office by others, and it is recorded in the patent application documents published after the application date. The invention or utility model for which a patent is applied must meet the standards of novelty, must be different from the existing technology, and there shall be no conflicting applications. 1, prior art. The existing technology is the technology that has been published before the filing date. There are three ways of technology disclosure: CD, photographic film, etc. The public disclosure of technical information refers to the disclosure of technical content by unspecified relevant public who does not undertake confidentiality obligations. The degree of disclosure shall be subject to the implementation of ordinary technicians in the field. 2. Contradicting with the application. Conflict application refers to the invention or utility model for which a patent is applied. Before the filing date, the same invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date of the invention or utility model. Apply first and then apply. Contradictions with the application will destroy novelty and prevent patent duplication. 3. Inaction loses novelty. The invention, utility model and design for which a patent is applied for shall not lose its novelty under any of the following circumstances within six months before the filing date: (2) Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. The invention or utility model for which a patent is applied must be substantially different from the existing technology before the filing date in the composition of the technical scheme, and must be the result of creative thinking activities, rather than the result that the existing technology can naturally obtain through simple analysis, induction and reasoning. Invention is more creative than utility model. Creative judgment is based on the knowledge and judgment ability of ordinary technicians in their respective fields. (3) Practicality Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. It has two meanings: first, the technology can be manufactured or used in industry. Industry includes industry, agriculture, forestry, aquaculture, animal husbandry, transportation and service industry. Industrial manufacturing and utilization refers to feasibility and reproducibility. Second, it must be able to produce positive effects, that is, compared with the existing technology, the invention or utility model for which a patent is applied can produce better economic or social benefits, such as increasing the number of products, improving the quality of products, increasing the functions of products, saving energy or resources, preventing and controlling environmental pollution, etc. (four) other conditions, such as the specification needs to fully disclose the technology for which the patent is applied. Please refer to the latest patent law and implementation rules for details. Patent for Design (1) The design for which the patent right is granted for novelty shall be different from or not similar to the design that has been published in domestic and foreign publications or used publicly in China before the date of application. Design must be attached to specific products, so "difference" not only refers to the difference of design itself in shape, pattern, color or their combination, but also includes the difference of products adopting the design scheme. "Inconsistency" requires that the patented design cannot be a simple imitation or slight change of the shape, pattern, color or their combination of the existing design. Approximate design includes the following situations: the shape, pattern and color are similar, and the products are the same; The shapes, patterns and colors are the same, and the products are similar; The shape, pattern and color are similar, and the products are similar. (2) Practicality The patented design must be suitable for industrial application. This requires that the design itself and the product as a carrier can be replicated repeatedly in an industrialized way, that is, it can be mass-produced in industry. (3) The patented design must have aesthetic feeling. Aesthetic feeling refers to the pleasant feeling of design from visual perception, which is not necessarily related to the advanced functions of products. Aesthetic design plays an important role in expanding product sales. (4) It shall not conflict with the legal rights previously obtained by others. The prior rights here include trademark right, copyright, enterprise name right, portrait right and the right to use the unique packaging and decoration of well-known goods. "Prior acquisition" refers to the acquisition before the application date or priority date of the design.