As long as the inventions and utility models granted patent rights by the industry must be novel, creative and practical. Patent rights will not be granted for inventions and creations that violate the law, social ethics or harm public interests. 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.
Article 22 of the Patent Law stipulates that inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects. The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Obtained by nuclear transformation method Substance;
(6) Designs made on the patterns, colors, or a combination of the two of flat printed materials that mainly serve as a mark. 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.