Article 5 of China's Patent Law clearly stipulates that even if a patent can be granted for an invention-creation that violates national laws, social morality or harms the public interest, it will not be granted a patent right. Article 25 of the Patent Law of China stipulates the object of an invention or discovery for which no patent right is granted. This object * * * has five items:
First of all, scientific discovery
Scientific discovery means that people reveal things that exist objectively but people have not yet known or understood through observation, analysis and research. Because scientific discoveries and scientific principles cannot be directly materialized into products, and at the same time, the discovery of these natural laws and principles cannot exclude others' right to use these natural laws and principles.
Second, the rules and methods of intellectual activities
The rules and methods of intellectual activities guide people's thinking, reasoning, analysis and judgment, and have the characteristics of intelligence and abstraction. Including calculation methods, production management methods, vehicle scheduling methods, competition rules, competition plans, language learning methods, accounting systems, education methods, teaching methods, classification methods, information retrieval methods, dictionary compilation methods and so on. , and can't get patent protection.
Computer program can be regarded as a mathematical method or information representation, which has the characteristics of intelligence and abstraction and cannot be protected by patent. However, when computer program software is combined with hardware, it can be understood that ideas can be applied to practice and patent protection can be obtained.
Third, the diagnosis and treatment of diseases.
The diseases mentioned include human and animal diseases. The diagnosis and treatment of this disease is aimed at people and animals and cannot be applied in industry, so it does not belong to the invention mentioned in the patent law.
Medical equipment such as instruments, instruments, devices and kits for disease diagnosis and treatment, as well as medical uses involving indications, can be applied in industry, so they can be protected by patents like ordinary products.
Four, animal and plant varieties
Animals and plants are living objects, which grow naturally, not the products created by people. However, biological materials (such as bacteria, yeast, viruses, vectors, plasmids, animal and plant cell lines, etc. ) does not belong to the category of animals and plants. Both biomaterials themselves and inventions involving biomaterials can be protected by patents.
In addition, under the condition of meeting other corresponding regulations, the method of producing animals and plants can also be protected by patents.
5. Substances obtained by nuclear transformation method
Materials obtained by nuclear transformation refer to elements or compounds obtained by nuclear fission or fusion. Not only the substance obtained by nuclear transformation method can not be patented, but also the method of obtaining this substance can not be patented.