Under what circumstances are patents not granted?

The circumstances in which the patent right is not granted are:

1, the application for invention-creation is illegal;

2. The subject matter of the application belongs to animal and plant varieties, disease diagnosis methods, disease treatment methods, nuclear transformation methods and scientific discoveries;

3. The applicant is unqualified;

4. Other circumstances.

legal ground

Article 25 of the Patent Law of People's Republic of China (PRC)

No patent right shall be granted for the following items:

(1) scientific discoveries;

(2) rules and methods of intellectual activities;

(3) Methods of diagnosis and treatment of diseases;

(4) Species of animals and plants;

(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;

(six) the design of the pattern, color or the combination of the two.

The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.