1. Inventions and creations that violate laws, social ethics or harm 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. Excluding administrative regulations and rules. If the purpose of the invention itself violates the laws of the state, the patent right cannot be granted. Such as equipment, machines or tools for gambling; Drug abuse equipment, etc. Can't be patented. The purpose of the invention itself does not violate national laws, but those that violate 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. 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 do not belong to inventions in the sense of patent law, so patent rights cannot be granted. 3. Rules and methods of intellectual activities. Intellectual activity refers to human thinking movement, which originates from human thinking and produces abstract results through reasoning, analysis and judgment, or indirectly acts on nature through human thinking movement as a medium to produce results. It is only the rules and methods to guide people to think, identify, judge and remember information. Because no technical means or laws of nature are used, and no technical problems are solved and technical effects are produced, it does not constitute a technical scheme. Such as traffic rules, grammar of various languages, fast algorithm or oral decision-making, psychological test methods, rules and methods of various games and entertainment, music scores, recipes, chess manuals, computer programs themselves, etc.
Legal objectivity:
Patent right is intangible property right. As a civil right, it is obviously different from tangible property right. The object of tangible property right is tangible property, and its scope of protection is certain. Patent right belongs to the right of intellectual achievements, which is intangible and needs to be defined by law. Basic principles for determining the scope of patent protection: there are three representative ways to determine the scope of patent protection in history: one is the "peripheral restriction system", that is, the scope of patent protection is completely determined by the contents recorded in the patent claim, which requires strict and faithful interpretation according to the literal meaning of the words in the patent claim to define the scope of protection of inventions and utility models. The second is the "center-limited system", that is, the scope of patent protection is determined by the description and drawings of the patent. The function of the claim is only for the patent office and the public to judge the novelty and creativity of its invention and creation. When determining the scope of patent protection, you can freely interpret the claims through the specification and drawings. However, in the whole historical development of the patent system, no matter which country adopts the above extreme "peripheral restriction system" or "central restriction system", it tends to be integrated more or less, which forms the third way, namely "compromise system". Therefore, Article 20 of the Supplementary Treaty to the Paris Convention for the Protection of Industrial Property and Article 69 of the European Patent Convention signed by European countries 1973 have made similar provisions: "The scope of patent protection is determined by the contents of patent claims, and the description and drawings can be used to explain the claims." Article 56 of China's Patent Law embodies this legislative principle. Regarding the "compromise system", Article 6 of the Opinions of Beijing Higher People's Court on Several Issues Concerning the Determination of Patent Infringement (Trial) further explains that the determination of the scope of patent protection should adhere to the principle of taking the content of the claim as the standard. The principle of eclectic interpretation should be adopted when interpreting the claims in combination with the specification and drawings. To avoid adopting the principle of "peripheral restriction", that is, the scope of patent protection is exactly the same as that recorded in the written claim, and the specification and drawings can only be used to clarify some ambiguities in the claim; It is also necessary to avoid adopting the principle of "central restriction", that is, the claim only determines a general invention core, and the scope of protection can be extended to the scope that technical experts think belongs to the patentee's request for protection after reading the specification and drawings. Compromise interpretation should be in the middle of the above two extreme interpretation principles, and the reasonable and fair protection of the patentee should be combined with the stability of the law and the reasonable interests of the public. Because the external restriction system strictly limits the scope of patent protection and the exercise of private rights, it is more inclined to safeguard the public's rights and interests. Therefore, according to China's national conditions and the development of economy and technology, some experts and scholars put forward that although China's patent law stipulates a compromise system for interpreting claims, the court should strictly grasp the scale of interpretation in practice and move closer to the external restriction system, otherwise it will affect public interests and hinder the development of China's economy and technology.