Can articles and works be patented? Is plagiarism an infringement?

Chapter II of the Patent Law stipulates the conditions for granting a patent right. Only when the patent application meets the following conditions can the patent right be granted. According to the above description, the article works may not belong to the object of patent authorization. If you apply for a patent for the design of an article or work, you may infringe on the prior copyright of others.

Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.

Article 23

The design granted the patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.

Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.

A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.

Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.

Article 24 An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:

(1) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;

(2) It was first published at a specific academic conference or technical conference;

(3) Others disclose the contents of the application without the consent of the applicant.

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) 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.