The conditions for granting the invention patent are: 1. Inventions and utility models granted patent rights should be novel, creative and practical.
2, do not violate the law, social morality or harm the public interest.
3. It does not fall within the scope of not granting a patent right as stipulated in Article 25 of the Patent Law.
Legal basis:
Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.