First, multiple-choice questions. There is only one correct answer in the options set for each question, and you can't score multiple choices, wrong choices or no choices.
1. which option is correct in judging whether the following achievements can be patented? (March 15, 217)
The new traffic rules designed by A. A can alleviate the road congestion and get the patent of method invention
The new medical pacemaker designed by B. B. can make the heart beat again quickly, and the pacemaker cannot be granted the patent
C. C. A new bacterium is synthesized by transgenic method, which can filter the impurities of gasoline. The bacterium belongs to a new animal species. Children's cups designed by D. D. D. can't be granted patent right. Their novel and unique shapes are not only aesthetic, but also can prevent the cups from slipping. This cup can apply for both utility model patent right and design patent right. < P > Reference answer
1. Objects not protected by the patent law of the test center; Conditions for authorization of utility model patents; Authorization conditions for design patents
Answer D. Analysis: Article 2 of the Patent Law stipulates that? 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 based on the shape, pattern or their combination of products and the combination of color, shape and pattern? . Article 25 of the Patent Law stipulates that? No patent right shall be granted for the following items: (1) scientific discovery; (2) Rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) substances obtained by nuclear transformation; (six) the design of the pattern, color or the combination of the two of the plane printed matter. A patent right may be granted to the production method of the products listed in Item (4) of the preceding paragraph in accordance with the provisions of this Law? .
The new traffic rules designed by A Institute belong to the rules and methods of intellectual activities, not inventions. Error a, not elected.
although medical devices are used for the diagnosis and treatment of diseases, they can apply for patents, which are not protected by the patent law and can be granted patent rights. Error B, not elected.
C is a new bacterium synthesized by transgenic method. The bacterium does not belong to animal species and can be patented. Error in item C, not elected.
The water cup can solve the technical problem by modeling (to prevent it from slipping), and at the same time, its beautiful modeling can also obtain the patent right of design. Item d is correct and elected.
so choose D.
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