Article 22 of the Patent Law Inventions and utility models for which patent rights are granted shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application. Article 25 No patent right shall be granted for the following items: (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.
Legal objectivity:
Article 69 of the Patent Law of People's Republic of China (PRC) shall not be regarded as infringement of the patent right under any of the following circumstances: (1) The patentee or a unit or individual licensed by him uses, promises to sell, sells or imports the patented product or the product directly obtained by the patented method after selling it; (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; (3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity. Article 70 of the Patent Law of People's Republic of China (PRC) shall not be liable for compensation if it uses, promises to sell or sells an infringing patented product manufactured and sold without the permission of the patentee for the purpose of production and operation, and can prove the legal source of the product.