Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Obtained by nuclear transformation method Substance;
(6) Designs made on the patterns, colors, or a combination of the two on flat printed matter that serve primarily as a logo.
Madame Curie discovered the "radium" element, which falls within the scope of scientific discovery, so she cannot obtain patent rights. However, the equipment and processes for purifying radium elements can obtain patent rights
Science Discovery refers to the revelation of objectively existing substances, phenomena, changes, processes, and their characteristics and laws in nature.
Not granting patent rights to scientific discoveries is a common practice in all countries around the world. Because a scientific discovery may lead to a series of inventions, if the discovery is monopolized, it will hinder the path of scientific and technological progress, so patent rights are not granted. Furthermore, discovery is, in the broadest sense, an abstract concept that cannot lead directly to industrial activity. It does not directly design or manufacture something unprecedented. It is only an extension of people's understanding. It is different from technical solutions that transform the objective world. It is not an invention in the sense of patent law.
Scientific discoveries are often the basis for inventions. For example, it is discovered that silver halide has photosensitive properties under light. This discovery cannot be granted a patent, but the photosensitive film manufactured based on this discovery and the manufacturing method of the photosensitive film can be patented.