The relevant provisions of the Patent Law are as follows:
Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests.
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, 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.
Article 25? No patent right shall be granted for the following items:
(1) scientific discoveries;
(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.
Extended data:
Patent law is the sum total of legal norms to adjust certain social relations arising from inventions and promote technological progress and economic development.
As far as its nature is concerned, patent law is both a domestic law and a foreign-related law; It is not only a substantive law that establishes the rights and obligations of the patentee, but also a procedural law that stipulates a series of procedural systems for patent application, examination and approval. It is not only a law to adjust the vertical relationship between patent application, examination, approval and patent implementation management, but also a law to adjust the horizontal relationship between patent ownership, patent transfer and license. It is not only a law to adjust the patent personal relationship, but also a law to adjust the patent property relationship.
It is generally believed that the purpose of the promulgation and implementation of the patent law by the state is to promote the active investment of market resources in a direction conducive to the continuous production of inventions and creations, and to promote the prosperity and development of economic industries. Therefore, the state grants the inventor the monopoly right for a certain period of time through legal procedures, and at the same time requires him to disclose the invention content to the whole society, so as to improve the willingness of individual inventions in the market and promote the rapid accumulation and development of the overall technical level of society.
References:
Patent Law-Baidu Encyclopedia