1. No patent right shall be granted for inventions and creations that violate laws, social ethics or hinder public interests, such as making drug-taking tools.
2. No patent right shall be granted for inventions and creations obtained or utilized in violation of laws and administrative regulations (genetic resources refer to genetic data with actual or potential value) and completed by relying on the genetic resources.
3. Scientific discovery. Scientific discovery is an unprecedented scientific understanding of natural laws and the characteristics of natural phenomena that help to explain natural laws. However, scientific discovery is only an understanding of natural laws, not an invention made by using natural laws. Can not be directly applied to production practice, does not have 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 it can indirectly act on nature through people's thinking movement as a medium to produce results. It only guides people to think, identify, judge and remember the information expressed, and it does not use technical means, nor follows the laws of nature, and does not have the characteristics of technology, so it cannot be granted a patent right.
5. Diagnosis and treatment of diseases. The 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. Species of animals and plants. Animal and plant varieties refer to the animal and plant varieties themselves, excluding the methods of producing them. The production methods mentioned here refer to non-biological methods, mainly excluding biological methods for producing animals and plants.
Whether a method belongs to a "biological-based method" depends on the degree of intervention of artificial technology in the method. If the intervention of artificial technology plays a major control or decisive role in the purpose or effect to be achieved by this method, then this method does not belong to "mainly biological method" and can be granted a patent right.
7. Materials obtained by tableau kernel transformation method. 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.
Second, the relevant basis for granting the patent right
Article 22 of the Patent Law Inventions and utility models for which patent rights are granted shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, 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.
Article 23. The design for which the patent right has been granted shall be different from or similar to the design that has been published in domestic and foreign publications or publicly used in China before the application date, and shall not conflict with the legal rights previously obtained by others.
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.
Patent authorization is a decision made by the patent office to grant a patent right. The invention for which a patent is applied has undergone preliminary examination, early publication, substantive examination and objection examination, and the utility model and design for which a patent is applied have undergone preliminary examination, publication and objection examination. The Patent Office decides to grant a patent right, issue a patent certificate, and register and announce relevant matters. After the patent right is granted, the applicant shall enjoy the patent right from the date of application.