(1) No patent right shall be granted for inventions and creations that violate state laws, social ethics or harm public interests.
Article 5 of China's patent law stipulates this.
1. No patent right may be granted for inventions and creations that violate national laws, social ethics or harm public interests. For example, drug-taking tools, gambling machines, methods or machines for making counterfeit money or forging valuable securities, no patent right shall be granted.
The purpose of invention and creation is not illegal in itself, but to achieve beneficial purposes. However, if the result of its use may endanger human health or cause harm to people's lives and property, no patent right shall be granted. For example, a car anti-theft device using hypnotic gas makes car thieves lose consciousness when they are arrested when starting the engine. However, this device can also cause physical harm to pedestrians, so it should not be patented.
(2) No patent right shall be granted to the rules and methods of scientific discovery and intellectual activities.
Scientific discovery is only the discovery of unknown and objective laws, properties and phenomena before the material world, and cannot be directly applied to industrial production; At the same time, as the principle or theory of scientific discovery, it cannot be manufactured by industrial methods; Secondly, as a scientific discovery, it exists objectively in nature, not something made in industry. For the above reasons, scientific discoveries cannot be granted patent rights.
The rules and methods of intellectual activities, such as game methods, sports competition methods, calculation methods, teaching methods, production management methods, etc., cannot be patented. Invention is a result of human intellectual activities. Intellectual activity itself cannot be regarded as an invention, and the rules and methods of intellectual activity cannot be implemented by industrial methods, nor can they be used in industry. Therefore, the rules and methods of intellectual activities cannot be implemented in industry, so rights cannot be granted. This is the consistent rule of all countries in the world.
(3) No patent right shall be granted to certain specific technical projects.
Some specific technical projects refer to the diagnosis and treatment of diseases; Animal and plant varieties; Substances obtained by nuclear transformation, etc. These are not patented. However, the patent laws of different countries have different provisions on this kind, and the same country has provisions on this kind at different times, but the method of cultivating new varieties of animals and plants can be granted patent rights.
1. Most countries, including China, do not grant patents for disease diagnosis and treatment. The reason is that it is related to people's life and health, and it does not have industrial practicability and is not suitable for industrial application. Therefore, it cannot grant a patent right.
2. Animal and plant varieties. Most countries don't grant patent rights to animal and plant varieties, mainly because animals and plants exist naturally, not as inventions. At the same time, the invention of animal and plant varieties mainly depends on the influence of climate, soil, latitude and longitude, sunlight and so on. And it is not repetitive, so it is not regarded as an invention, so no patent right is granted. Only a few countries, such as the United States, stipulate the granting of patent rights to vegetative plant varieties (excluding direct plants or wild plants propagated by tubers). There are also a few countries that stipulate that patent rights can only be granted if the cultivation of animal and plant varieties maintains stability and identity.
No patent right shall be granted to the cultivation method of animal and plant varieties that are basically biological or genetic. Only abiotic method inventions, such as cultivation methods of mushrooms and potatoes, growth methods of peanuts and cultivation methods of prawns, can be granted patent rights. In addition, patents can also be granted for methods and inventions that utilize the characteristics of animals and plants, such as the method of making protein by microorganisms, so as to promote and prolong the flowering period of pineapples.
3. Substances obtained by nuclear transformation. Materials obtained by nuclear transformation refer to elements or compounds obtained by nuclear fission or fusion. Because it is an important raw material for manufacturing nuclear weapons, China, like many countries, does not grant it a patent.
3. Objects obtained by nuclear transformation. Materials obtained by nuclear transformation refer to elements or compounds obtained by nuclear fission or fusion. Because it is an important raw material for manufacturing nuclear weapons, China, like many countries, does not grant it a patent.