(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) substances obtained by nuclear transformation;
(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. First, the purpose of establishing a patent system is to protect the fruits of intellectual activities within the scope of law. Inventions and creations that are novel, creative and practical and meet other conditions stipulated in the Patent Law are intellectual achievements protected by patents, and may apply for patents according to law. At the same time, according to the provisions of this article, the achievements of the following intellectual activities are not within the scope of patent protection, and no patent rights are granted: 1. Scientific discovery. It refers to the discovery and understanding of unknown substances, phenomena, changing processes, their characteristics and laws that exist objectively in nature. These inventions and understandings are not a technical scheme in themselves, nor inventions in the sense of patent law, and cannot be directly implemented to solve specific technical problems in a certain field, so patent rights cannot be granted. 2. Rules and methods of intellectual activities. It refers to people's thinking movement, which is an abstract thing and a means or process for people's brain to carry out spiritual intelligence activities. It only guides people to think, judge and remember the information expressed, and it does not need to adopt technical means or obey the laws of nature, and it does not have technical characteristics, so it cannot be granted a patent right. For example, traffic rules, dictionary arrangement methods, information retrieval methods, speed algorithms or formulas, rules and methods of various games and entertainment, and competition rules can not be patented. 3. Diagnosis and treatment of diseases. It refers to the behavior that is directly carried out on living people or animals for the purpose of treating diseases, and cannot be monopolized by a few people because it involves human health. The "diagnosis method of diseases" mentioned here refers to the whole process of identifying, studying and determining the cause or focus state of living people or animals. The "treatment of diseases" mentioned here refers to the process of blocking, alleviating or eliminating the cause or focus, so as to restore or obtain health for living people or animals. This treatment or diagnosis method cannot be manufactured or used in industry, and it is not practical, so it is impossible to apply for a patent. Such as ultrasonic diagnosis, acupuncture, anesthesia, massage and other treatment methods, surgical methods and so on. The Agreement on Trade-related Aspects of Intellectual Property Rights also stipulates that members can exclude diagnostic methods, therapeutic methods and surgical methods used to treat humans or animals from patents. 4. Animal and plant varieties. Animal and plant varieties refer to new animal and plant varieties cultivated by biological methods. Animals and plants are living objects, naturally generated, products of nature, not created by people, and cannot be produced by industrial methods, so they do not have creativity and usability in the sense of patent law, so they cannot be granted patent rights. However, animal and plant varieties can be protected by laws other than the patent law. In this regard, the TRIPS Agreement stipulates that members should protect new plant varieties through patent system or effective special system, or through any combination system. For the protection of new plant varieties, many countries in the world have also formulated corresponding laws and regulations. In China, the State Council promulgated the Regulations on the Protection of New Plant Varieties in People's Republic of China (PRC) No.65438-0997, which stipulated the definition of new plant varieties, the content and ownership of variety rights, and protected new plant varieties that met the requirements. 5. Substances obtained by nuclear transformation. Mainly refers to the use of accelerators, reactors and other nuclear reaction devices, through nuclear fission, nuclear fusion and other methods to obtain elements or compounds Because the substances obtained by nuclear transformation are related to national economy, national defense, scientific research and public life, and to national security, they are not suitable for publicity, and most countries do not grant patents to such substances. 2. In accordance with the provisions of this Law, patents may be granted for the production methods of animal and plant varieties. The "production method" mentioned here refers to non-biological methods, mainly excluding biological methods for producing animals and plants. Because of the intervention of technical factors, this method plays a major control or decisive role in the ultimate goal or effect, and can be granted a patent right. Microbiology and microbial methods can be patented.