2. An invention that hinders the public interest means that the implementation or use of the invention will cause harm to the public or society, or will affect the normal order of the country and society. For example, if the implementation or use of the invention and creation will seriously pollute the environment and destroy the ecological balance, the patent right cannot be granted. However, if the abuse of the invention and creation may harm the public interest, or the invention and creation have some shortcomings while producing positive effects, such as drugs that have some side effects on the human body, the patent right cannot be refused on the grounds of "harming the public interest".
Legal basis: People's Republic of China (PRC) Patent Law.
Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics 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.
Article 25 No patent right shall be granted to the following projects:
(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.