What are the conditions for applying for a patent for invention?

The conditions for obtaining the invention patent right should first be novel, practical and creative; Secondly, it did not violate the law, social morality or harm the public interest, or did not use genetic resources and relied on them; Finally, it does not belong to the conditions stipulated in Article 25 of the Patent Law, such as scientific discovery.

legal ground

Article 5 of the Patent Law of People's Republic of China (PRC)

No patent right shall be granted for inventions and creations that violate laws, social morality or harm 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

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;

(six) the design of the pattern, color or the combination of the two.