Legal basis: People's Republic of China (PRC) Patent Law.
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 5 No patent right shall be granted for inventions and creations 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.