According to the provisions of China's patent law, patents cannot be granted in the following fields: nuclear transformation methods, scientific discoveries, animal and plant varieties, rules and methods of intellectual activities, diagnosis methods of diseases, treatment methods of diseases, etc. Except for the production methods of animal and plant varieties.
Legal objectivity:
Inventions and utility models granted patent rights in Article 22 of the Patent Law, which came into effect on June, 20265438, should be novel, creative and practical. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.