1. No patent right shall be granted for inventions that violate laws, social ethics or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources. Such as equipment, machines or tools for gambling; Drug abuse equipment, etc. Can't be patented. The purpose of the invention itself does not violate national laws, but those that violate national laws due to abuse do not belong to this category. 2. Scientific discovery. It refers to the revelation of objective phenomena, changing processes, characteristics and laws in nature. Scientific theory is a summary of the understanding of nature and a broader discovery. All belong to the extension of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from the technical scheme to transform the objective world, and do not belong to inventions in the sense of patent law, so patent rights cannot be granted. 3. Rules and methods of intellectual activities. Intellectual activity refers to people's thinking movement, which originates from people's thinking and produces abstract results through reasoning, analysis and judgment, or it can indirectly act on nature through people's thinking movement as a medium to produce results. It is only the rules and methods to guide people to think, identify, judge and remember information. Because no technical means or natural laws are used, technical problems are not solved and technical effects are produced, it does not constitute a technical scheme. Such as traffic rules, grammar of various languages, speed algorithm or formula, psychological test methods, rules and methods of various games and entertainment, music scores, recipes, chess manuals, computer programs themselves, etc. 4. Diagnosis and treatment of diseases. It is a process of identifying, determining or eliminating the cause and focus with living people or animals as the direct implementation object. The exclusion of the diagnosis and treatment of diseases from the scope of patent protection is due to humanitarian considerations and social and ethical reasons. Doctors should have the freedom to choose various methods and conditions in the process of diagnosis and treatment. In addition, this method directly takes the living human body or animal body as the implementation object, which is theoretically considered not to belong to the industry, can not be used in the industry, and does not belong to the invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immune methods to prevent diseases, cosmetic or weight loss treatment, etc. However, drugs or medical equipment can be patented. 5. Species of animals and plants. However, for the production methods of animal and plant varieties, patent rights may be granted in accordance with the provisions of the Patent Law. 6. Substances obtained by nuclear transformation. 7. The design of pattern, color or combination of the two for plane printed matter. Patents are not exclusive to * * *, they are valuable and can be bought and sold. Although they are invisible, they are valuable. No matter what industry, there are patents. A work without a patent is a work enjoyed by * *, and anyone can use it. General patents have a time limit, and after the prescribed time limit, the subsequent works belong to the public.
Legal objectivity:
Patent right, as an intangible property right, has different characteristics from property ownership. When the right is * * *, the special rules for exercising the right should be followed. However, China's patent law and its implementation rules do not stipulate this. Therefore, this aspect should be added when the patent law is revised. Patent right is an intangible property right, and its object is intangible technical information, which can be enjoyed by multiple subjects, and its use will not be worn or damaged like tangible things. Although the Trips Agreement makes it clear that intellectual property rights are private rights, intellectual property rights are indeed social. Any patented technology is not created by the patentee's hard thinking, but must be created by the patentee's intellectual labor with the help of the existing social technology, so the patent right has a certain sociality. It is different from the general tangible property right, is a pure personal private right, and generally does not have sociality. This sociality of patent right is reflected in the legislative purpose of Article 1 of the Patent Law, which is "conducive to the popularization and application of inventions and creations and promoting the progress of science and technology", as well as in the compulsory patent licensing and statutory licensing system. Therefore, in the case of patent right, the rules of exercising patent right should be different from those of real right. This difference is reflected in China's intellectual property legislation. Article 9 of China's "Regulations on the Implementation of Copyright Law" stipulates: "If a cooperative work cannot be used alone, its copyright shall be shared by all the co-authors and exercised by consensus; If the negotiation fails to reach an agreement without justifiable reasons, neither party shall prevent the other party from exercising other rights except the transfer, but the proceeds shall be reasonably distributed to all co-authors. " Article 10 of the Regulations on the Protection of Computer Software stipulates: "If the software jointly developed cannot be used alone, its copyright shall be shared by all the cooperative developers and exercised by consensus;" If no agreement can be reached through negotiation without justifiable reasons, neither party shall prevent the other party from exercising other rights except the right to transfer, but the proceeds shall be reasonably distributed to all cooperative developers. "This difference is not a feature of China's intellectual property legislation. In the United States, the copyright law of the United States stipulates that each author of a cooperative work is the copyright owner of the work, and can use the work alone or license others to use it, without the consent of other rights holders, but the proceeds should be distributed equally. Therefore, when determining the exercise rules of patent rights, we should pay attention to: 1. Sometimes the rules for exercising patent rights should be different from those for real rights. There is no essential difference between copyright and patent right, they are both intellectual property rights, and the rules for exercising rights are sometimes the same. Considering the coordination of legislation, it should be consistent. 3. The purpose of patent law to encourage the popularization and application of patented technology should be fully reflected in the rules for the exercise of rights, and at the same time, it shall not harm the interests of * * *.