(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.
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 the Patent Law.
Interpretation: this article is about the provisions on the results of intellectual activities that do not grant patents.
1. According to this article, the results of the following intellectual activities are not within the scope of patent protection, and no patent right shall be 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.
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.
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.
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.
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 methods mentioned here refer to non-biological methods, mainly excluding biological methods for producing animals and plants.