China's patent law clearly stipulates that it is not an invention-creation project.
Some intellectual achievements, because they are not creative or practical and patentable, do not belong to the invention-creation mentioned in the patent law.
1, scientific discovery.
This refers to the revelation of unknown substances, phenomena, changing processes, characteristics and laws that exist objectively in nature. Although this is also an intellectual labor achievement, it belongs to people's understanding of the material world and does not have the creativity mentioned in the patent law; At the same time, it is not a technical solution to transform the objective world. For example, the discovery of Halley's comet and Newton's gravity.
2. Rules and methods of intellectual activities.
This is a means or process for human brain to carry out mental and intellectual activities, rather than a process of using natural laws, and it is not a technical solution. For example, fast algorithms, game schemes, production management methods, competition rules, information retrieval methods, music scores, etc. cannot be patented. However, new equipment, new tools and new devices used in this intellectual activity can apply for patents if they meet the patent requirements.
3. Diagnosis and treatment of diseases.
This is a process of directly identifying, determining or eliminating diseases with living people or animals as the direct implementation object, which cannot be manufactured or used in industry and does not have the practicability as described in the patent law. For example, the surgical methods of western medicine, acupuncture and pulse-taking methods of traditional Chinese medicine are not inventions mentioned in the patent law, but instruments and equipment for diagnosing and treating diseases can be patented.