1. Inventions and creations that violate laws, social morality or interfere with public interests. National laws refer to laws formulated and promulgated by the National People's Congress or the NPC Standing Committee in accordance with legislative procedures. It does not include administrative regulations and rules. If the purpose of the invention itself is contrary to the laws of the state, the patent right cannot be granted. For example, equipment, machines or tools used for gambling; Drug-taking equipment, etc. cannot be granted a patent right. The purpose of the invention itself does not violate the national laws, but those that violate the national laws due to abuse do not belong to this category.
2. scientific discovery. It refers to the revelation of objective phenomena, changing processes, characteristics and laws in nature. Scientific theory is a summary of the understanding of nature and a broader discovery. They all belong to the extension of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from the technical scheme to transform the objective world, and are not inventions in the sense of patent law, so they cannot be granted patent rights.
3. Rules and methods of intellectual activities. Intellectual activity refers to people's thinking movement, which originates from people's thinking, produces abstract results through reasoning, analysis and judgment, or indirectly acts on nature through people's thinking movement as a medium to produce results. It is only a rule and method to guide people to think, identify, judge and remember information. Because it does not adopt technical means or use natural laws, nor does it solve technical problems and produce technical effects, it does not constitute a technical scheme. For example, traffic rules, grammar of various languages, quick algorithm or oral decision, psychological test methods, rules and methods of various games and entertainment, music scores, recipes, chess manuals, computer programs themselves, etc.
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 ethics reasons. Doctors should have the freedom to choose various methods and conditions in the process of diagnosis and treatment. In addition, this kind of method directly takes the living human body or animal body as the implementation object, which is theoretically considered not to belong to the industry and cannot be used in the industry, and is not an invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immunization methods to prevent diseases, cosmetic surgery or weight loss for treatment, etc. However, drugs or medical devices can be patented.
5. Species of animals and plants. However, for the production methods of animal and plant varieties, patents can be granted in accordance with the.
6. substances obtained by nuclear transformation.
7. the design that mainly serves as a logo for the pattern, color or combination of the two of the plane printed matter.