This topic mainly examines the authorization conditions of invention patents and is an important test center.
The patent law protects inventions, utility models and designs. Inventions include product inventions, method inventions and improved inventions. Paragraph 2 of Article 2 of the Patent Law stipulates: "Invention refers to a new technical scheme proposed for a product, method or its improvement." An invention in the sense of patent law is an intellectual achievement that meets the following three conditions: first, it must be the result of the correct application of natural laws (mainly physical laws and chemical laws); Second, it must be a technical scheme ("technical scheme" is a collection of technical means to solve technical problems by using natural laws, which can solve technical problems and obtain technical effects in line with natural laws); Third, it can be implemented repeatedly and stably. In option A, the new traffic rules designed by A do not make use of the laws of nature, which is not a technical scheme and cannot be granted the invention patent right. Therefore, option A is wrong.
(2) According to Item (3) of Paragraph 1 of Article 25 of the Patent Law, no patent right is granted for "diagnosis and treatment of diseases". However, drugs, medical devices, etc. Those who meet the authorization conditions may still be granted the patent right for invention or utility model. Pacemakers belong to medical devices. So option b is wrong.
(3) According to Item (4) of Paragraph 1 of Article 25 of the Patent Law, "animal and plant varieties" are not granted patent rights. Microorganisms (including bacteria, actinomycetes, fungi, viruses, protozoa, algae, etc. ) does not belong to animals or plants, so microorganisms do not belong to the circumstances listed in Item (4) of Paragraph 1 of Article 25 of the Patent Law. At the same time, according to the first paragraph of Article 25 of the Patent Law, "scientific discovery" is not granted a patent right. Accordingly, microorganisms that exist in nature without any technical treatment by human beings, even if they are discovered for the first time, are scientific discoveries and cannot be granted patent rights; However, when microorganisms are separated into pure cultures and have specific industrial uses, the microorganisms themselves can be granted invention patents. In option C, the new strain synthesized by C through transgenic method can be granted the invention patent right. Therefore, the c option is wrong.
(4) Paragraph 3 of Article 2 of the Patent Law stipulates: "Utility model refers to a new and practical technical scheme for the shape, structure or combination of products." Paragraph 4 of Article 2 of the Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or combination of products and the combination of colors, shapes and patterns." In option D, the shape and structure of the children's cup designed by Ding Can was granted the patent right of utility model when it met the authorization conditions; The shapes, patterns or their combinations, as well as the combinations of colors, shapes and patterns used in the children's cups designed by Ding Can can also be granted the patent right of design under the condition of satisfying the authorization conditions. Therefore, the d option is correct.
To sum up, the correct answer to this question is D.