(2017 real question) Regarding whether the following results can be patented, which option is correct?

Answer: D

This question mainly tests the authorization conditions for invention patents, which is an important test point.

①The patent law protects three categories of objects: inventions, utility models and designs. Inventions include three types: product inventions, method inventions and improvement inventions. Paragraph 2 of Article 2 of the "Patent Law" stipulates: "Inventions refer to new technical solutions proposed for products, methods or their improvements." An invention in the sense of the Patent Law is an intellectual achievement that meets the following three conditions: First, it must be the result of the correct utilization of natural laws (mainly physical and chemical laws); second, it must be a technical solution (a "technical solution" is a solution that utilizes natural laws to solve a technical problem. A collection of technical means that can solve technical problems and obtain technical effects that conform to the laws of nature); third, it can be implemented repeatedly and stably. In option A, the new traffic rules designed by A do not utilize the laws of nature, are not technical solutions, and cannot be granted invention patent rights. Therefore option A is wrong.

②According to the provisions of Article 25, Paragraph 1, Item (3) of the Patent Law, no patent rights are granted for "methods of diagnosis and treatment of diseases". However, invention patents or utility model patents can still be granted to drugs, medical devices, etc. that meet the authorization conditions. Pacemakers are medical devices. Therefore option B is wrong.

③According to the provisions of Article 25, Paragraph 1, Item (4) of the Patent Law, patent rights are not granted for “animal and plant varieties”. Microorganisms (including bacteria, actinomycetes, fungi, viruses, protozoa, algae, etc.) are neither animals nor plants. Therefore, microorganisms do not fall within the scope of Article 25, Paragraph 1, Item (4) of the Patent Law. column situation. At the same time, according to the provisions of Article 25, Paragraph 1, Item (1) of the Patent Law, patent rights are not granted for "scientific discoveries". According to this, even if microorganisms exist in nature without any technical treatment by humans, even if they are discovered for the first time, such discoveries are scientific discoveries and cannot be granted patent rights; however, when microorganisms are isolated into pure cultures and have specific industrial applications, When used, the microorganism itself can be granted an invention patent. In option C, invention patent rights can be granted to new bacteria synthesized through genetic modification. Therefore option C is wrong.

④ Paragraph 3 of Article 2 of the "Patent Law" stipulates: "A utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use." "Patent Law" Article 2, Paragraph 4 of the Law stipulates: “Design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. "In option D, the shape and structure of the children's water cup designed by Ding can be granted a utility model patent if it meets the licensing conditions; the shape, pattern or combination thereof, as well as the color and shape, of the children's water cup designed by Ding The combination of patterns can also be granted a design patent when the authorization conditions are met. Therefore option D is correct.

⑤ In summary, the correct answer to this question is D.