The object that the patent does not protect is

The patent law does not protect the following objects: contents belonging to scientific discoveries, nuclear transformation methods, animal and plant varieties, diagnosis methods of diseases, treatment methods of diseases, etc. However, if the production methods of the above-mentioned animal and plant varieties are authorized to obtain patents according to law, they shall be protected by the patent law according to law.

No patent right shall be granted for inventions and creations that violate laws, social morality or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Strictly speaking, only those who have been granted patents will be protected by the patent law. Before applying for a patent, we should also find out what the patent law does not protect. That is to say, which products and technologies cannot be patented.

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.

Legal basis:

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.