Scientific discoveries cannot be patented.
Scientific discovery refers to the revelation of unknown substances, phenomena, change processes, and their characteristics and laws that exist objectively in nature. Scientific theory is a summary of the understanding of the natural world and a broader discovery. They are all extensions of people's understanding. These recognized material phenomena, processes, characteristics and laws are different from technical solutions to transform the objective world, and are not inventions and creations in the sense of patent law. For example, the discovery that silver halide has photosensitive properties when exposed to light cannot be patented, but the photosensitive film manufactured based on this discovery and the manufacturing method of the photosensitive film can be patented. For another example, finding a previously unknown substance in a natural form from nature is just a discovery and cannot be patented.
1. Situations in which patents cannot be applied for
(1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Substances obtained by nuclear transformation methods;
(6) Designs made on the patterns, colors, or a combination of the two on graphic prints that serve primarily as logos.
2. Conditions for applying for patents
(1) Those applying for patents for inventions and utility models must have novelty, creativity and practicality;
(2) ) Applications for design patents must be novel and not belong to existing designs; and they must not conflict with other people’s prior patent rights, be illegal, violate social ethics, or impede public interests.
3. Patent application process
(1) The applicant provides original technical data and personal (unit) information;
(2) Entrust a patent agency , sign an agency agreement, and write a patent application document that meets the requirements of the patent law; if necessary, you can search first
(3) Submit the patent application document to the National Patent Office and obtain the patent application number. And pay the patent application fee as required;
(4) After entering the preliminary examination and passing the examination, the invention patent application will be published in the patent bulletin and website 18 months after the application date; according to The applicant may also request advance disclosure at any time within 15 months from the date of application;
(5) Entering the substantive examination (substantial examination) stage: The applicant may request for disclosure within 3 years from the date of application. Substantial examination can be filed with the Patent Office at any time, or after the patent application is published. Substantial examination must be paid according to regulations; (6) After substantive examination, the patent complies with the requirements of the invention. Based on the practicality, novelty, and creativity, the patent right is granted, and the patent application maintenance fee, annual fee, printing fee, and certificate cost are paid as required, and the invention patent certificate is obtained; the authorized invention patent will be announced.
(7) If the priority of an earlier invention patent application is required, the relevant information of the earlier application should be provided.
Legal Basis
Article 25 of the "Patent Law of the People's Republic of China" does not grant patent rights for the following items:
( 1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animals and plant species;
(5) Atomic nuclei transformation methods and substances obtained by atomic nucleus transformation methods;
(6) The design, color or combination of the two of flat printed matter A design that mainly functions as a logo.