2. According to the provisions of the Patent Law of People's Republic of China (PRC), the contents and technical fields in which the patent right is not granted:
A. scientific discoveries;
B. rules and methods of intellectual activities;
C. diagnosis and treatment of diseases;
D. animal and plant varieties;
E. substances obtained by nuclear transformation.
However, the production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the Patent Law of People's Republic of China (PRC).
3. An invention-creation applying for a patent for invention and utility model shall meet the requirements of novelty, creativity and practicality. Article 22 of the Patent Law stipulates that inventions and utility models granted patent rights shall be novel, creative and practical.
Therefore, novelty, creativity and practicality are the necessary conditions for granting patents for inventions and utility models.
At the same time, Article 23 of the Patent Law stipulates that a patented design does not belong to an 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.