Items that cannot be patented

According to the provisions of China's patent law, the following items cannot be patented: 1. Scientific discovery refers to people's new understanding of matter and its laws of motion, rather than new products and methods that people can apply in industry by using the laws of natural science and cannot be protected by patents. 2. Rules and methods of intellectual activities The rules and methods of intellectual activities refer to the rules and methods of people's thinking, reasoning, analysis, judgment and memory, which cannot be used in industry and produce certain technical effects, so they are not inventions mentioned in the Patent Law and cannot be protected. However, when an invention involving a computer program is used to solve technical problems and can produce technical effects, it belongs to the object of patent protection. There is no patent protection for the business model on the Internet. 3. Diagnosis and treatment methods of diseases The diagnosis and treatment methods of diseases do not have industrial applicability, nor do they fall within the scope of patent protection, but medical devices and health care products used for disease diagnosis or treatment can apply for patents and obtain patent protection. 4. Animal and Plant Species Except for a few countries such as the United States, it is a common practice in most countries in the world not to grant patent protection to new animal and plant species. However, new methods of producing animal and plant varieties, such as artificial breeding rafts and cultivation methods, can be protected by patents. According to the current patent law of our country, if transgenic animals and plants, methods of human cloning, methods of human cloning, methods of changing the genetic identity of human reproductive system, and industrial or commercial application of human embryos may cause animal suffering and have no substantial benefits to human or animal medical treatment, the methods of changing the genetic identity of animals and the animal patents obtained by this method cannot be granted. 5. The substances obtained by nuclear transformation are mostly related to military and national defense, and should not be made public and protected by patents. However, new technologies such as instruments and equipment used in nuclear transformation methods can be patented. In recent years, due to the rapid development of new technologies such as information technology, the scope of intellectual property protection is constantly expanding, and the traditional intellectual property system is facing challenges. Some countries have also begun to protect the rules and methods of some intellectual activities that were not protected before, as well as the animal and plant varieties obtained by new methods.