Can't apply for a patent in the following areas:
Scientific discovery; Rules and methods of intellectual activities; Diagnosis and treatment of diseases; Animal and plant varieties; A substance obtained by nuclear transformation.
"Three characteristics of patent" refers to novelty, creativity and practicality.
Novelty: No identical invention or utility model has been published in publications at home and abroad before the filing date, used publicly in China or known to the public in other ways, and no identical invention or utility model has been applied to the Patent Office by others and recorded in the application documents published after the filing date. In short, only those technologies that are not made public or known to the public can have novelty.
Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality: refers to the invention or utility model that can be manufactured or used, and can produce positive effects, that is, practicality includes enforceability and efficiency.
Practicality means that the implementation of the invention or utility model will not bring adverse effects to human beings or society. If the implementation of an invention can not only improve efficiency, but also cause more waste or harm to human health compared with the traditional technology, then the invention is definitely not practical.
Design patents also require practicality. But creativity is not necessary.