1. No patent rights will be granted for inventions and creations that violate the law, social ethics or harm the interests of the public. No patent rights will be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources. For example, equipment, machines or tools used for gambling; drug paraphernalia, etc. cannot be granted patent rights. The purpose of the invention itself does not violate national laws, but if it violates national laws due to misuse, it does not fall into this category.
2. Scientific discovery. It refers to the revelation of objective phenomena, change processes, and characteristics and laws in nature. Scientific theory is a summary of the understanding of the natural world and a broader discovery. They are all extensions of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from technical solutions to transform the objective world. They are not inventions and creations in the sense of patent law, and therefore cannot be granted patent rights.
3. Rules and methods of intellectual activities. Intellectual activity refers to human thinking movement. It originates from human thinking and produces abstract results through reasoning, analysis and judgment, or it must be used as a medium to indirectly act on natural results. It is only a rule and method to guide people to think, identify, judge and remember information. Since it does not adopt technical means or utilize natural laws, nor does it solve technical problems or produce technical effects, it does not constitute a technical solution. For example, traffic driving rules, grammar of various languages, speed algorithms or formulas, psychological testing methods, various games, entertainment rules and methods, music scores, recipes, chess scores, computer programs themselves, etc.
4. Diagnosis and treatment methods of diseases. It is the process of identifying, determining or eliminating the causes and lesions of living people or animals. Excluding disease diagnosis and treatment methods from the scope of patent protection is due to humanitarian considerations and social ethics. Doctors should have the freedom to choose various methods and conditions during the diagnosis and treatment process. In addition, this type of method directly uses living human or animal bodies as the implementation object. It is theoretically considered that it does not belong to the industry and cannot be used industrially. It is not an invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immunization methods to prevent diseases, plastic surgery or weight loss for therapeutic purposes, etc. But drugs or medical devices can be patented.
5. Animal and plant species. However, patent rights may be granted for methods of production of animal and plant varieties in accordance with the provisions of the Patent Act.
6. Substances obtained by nuclear transformation.
7. The design of the pattern, color or combination of the two on a flat printed matter mainly serves the purpose of marking.
Legal basis:
Article 25 of the Patent Law of the People's Republic of China
No patent rights will be granted for the following items:
(1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Atomic nuclei transformation methods and substances obtained by atomic nucleus transformation methods;
(6) Patterns and patterns of flat printed matter Color or a combination of both creates a design that serves primarily as a logo.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.