1. No patent right shall be granted for inventions that violate laws, social ethics or hinder public interests, such as making drug-taking tools;
2. No patent right shall be granted to inventions and creations that rely on genetic resources obtained or utilized in violation of laws and administrative regulations;
3, scientific discovery, scientific discovery is an unprecedented scientific understanding of the laws of nature and the characteristics of natural phenomena that help explain the laws of nature. However, scientific discovery is only an understanding of natural laws, not an invention made by using natural laws, which can not be directly applied to production practice and has no industrial practicability, so no patent right is granted;
4. Rules and methods of intellectual activities. Intellectual activity refers to people's thinking activity, which originates from people's thinking and produces abstract results through reasoning, analysis and judgment, or indirectly acts on nature to produce results through the media of people's thinking movement. It only leads people to think, identify, judge and remember the information expressed, without using technical means, following the laws of nature and having no technical characteristics, so it cannot be granted a patent right;
5. The method of diagnosis and treatment of diseases refers to the process of identifying, determining or eliminating the causes or pathological changes of living people or animals; Considering that doctors' duty is to heal the wounded and rescue the dying, doctors should have the freedom to choose various methods in the process of diagnosing and treating diseases; On the other hand, the diagnosis and treatment of diseases are directly based on living human or animal bodies, which cannot be used in industry and is not practical. They are not inventions in the sense of patent law, so such methods cannot be patented.
6, animal and plant varieties, refers to the animal and plant varieties themselves, not including the method of producing animal and plant varieties. The production methods mentioned here refer to non-biological methods, mainly excluding biological methods for producing animals and plants; Whether a method belongs to "mainly biological method" depends on the intervention degree of artificial technology in the method. If the intervention of artificial technology plays a major control or decisive role in the purpose or effect of the method, then the method is not a "mainly biological method" and can be granted a patent right;
7. Because the materials obtained by the plateau nuclear transformation method can be used for military purposes, the patent law stipulates that patent rights shall not be granted for the vital interests of the country. It should be pointed out that not only the substances obtained by high altitude nuclear transformation method can not obtain patent protection, but also the high altitude nuclear transformation method itself can not obtain patent protection;
8. No patent right shall be granted to designs that are mainly used as signs, colors or the combination of the two.
Legal basis: Article 859 of the Civil Code of People's Republic of China (PRC).
Unless otherwise provided by law or otherwise agreed by the parties, the right to apply for a patent for an invention-creation entrusted for development belongs to the research developer. If the research developer obtains a patent right, the client may exploit the patent according to law.
Where the research developer transfers the right to apply for a patent, under the same conditions, the client shall have the priority to be assigned.