Can all inventions be patented?
Article 2 of the Patent Law stipulates that inventions mentioned in this Law refer 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 products and the combination of colors, shapes and patterns. Therefore, an invention that is not an invention, a new type or a design cannot be patented. Article 5 of the Patent Law stipulates that no patent right shall be granted for inventions and creations that violate laws, social morality or hinder public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources. Article 25 of the Patent Law stipulates that those who do not grant patent rights also include: scientific discovery; Diagnosis and treatment of diseases; Animal and plant varieties; Substances obtained by nuclear transformation; Mainly used as the design of the logo of the pattern, color or the combination of the two in plane printed matter. Among them, the method of making animal and plant varieties can be granted a patent right.