1. Judge whether the following achievements can be patented, which option is correct? (20 17/ 3 / 15)
The new traffic rules designed by A.A. can alleviate road congestion and obtain the patent right of method invention.
The new medical pacemaker designed by B.B. can make the heart beat again quickly. This kind of pacemaker can't be patented.
C.c. A new bacterium is synthesized by transgenic method, which can filter impurities in gasoline. This bacterium belongs to a new animal species and cannot be patented.
The children's cup designed by D.D.D. is novel and unique in shape, which can not only be beautiful, but also prevent the cup from slipping. This cup can be applied for both utility model patent and design patent.
Reference answer
1. Objects not protected by the patent law of the testing center; Conditions for authorization of utility model patents; Conditions for authorization of design patent
Answer D. Analysis: Article 2 of the Patent Law stipulates? Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of product and the combination of color, shape and pattern? . Article 25 of the patent law stipulates? No patent right shall be granted to the following projects: (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? .
The new traffic rules designed by A belong to the rules and methods of intellectual activities, not inventions. Error a, not elected.
Although medical devices are used for the diagnosis and treatment of diseases, they can apply for patents, which are not protected by the patent law and can be granted. Error b, not elected.
C is a new bacterium synthesized by transgenic method. This kind of bacteria is not an animal species and can be patented. Error in item C, not selected.
By modeling (preventing slipping), the water cup can solve technical problems and obtain the patent right of utility model, and at the same time, its beautiful modeling can also obtain the patent right of design. Item d is correct and elected.
Therefore, choose D in this question.
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