What items cannot be patented, what items are not patentable

According to the provisions of China's "Patent Law", the following items cannot be patented: projects that cannot be patented: Scientific discoveries refer to people's new understanding of matter and its laws of motion, not new products and new methods created by people using the laws of natural science that can be applied in industry, and cannot be protected by patents. Rules and Methods of Intellectual ActivitiesThe rules and methods of intellectual activities refer to the rules and methods of people's thinking, reasoning, analysis, judgment and memory, which cannot be used in industry and cannot produce certain technical effects, so they are not inventions and creations as referred to in the Patent Law and cannot be protected.

However, when an invention involving a computer program is intended to solve a technical problem, makes use of technical means and can produce technical effects, the invention is the subject matter of patent protection. There is also no patent protection for business models on the Internet. The method of diagnosis and method of disease diagnosis and disease does not belong to the scope of patent protection because it does not have industrial applicability, but medical devices and health care products used for diagnosis or disease can apply for patent and obtain patent protection.

Except for a few countries such as the United States, it is a common practice in most countries in the world not to grant patent protection to new animal and plant varieties, but new methods of producing animal and plant varieties, such as artificial breeding rafts and cultivation methods, can obtain patent protection. According to the provisions of China's current patent law, genetically modified animals and plants, methods of cloning human beings, methods of cloning human beings, methods of changing the genetic identity of human reproductive lines, and industrial or commercial applications of human embryos that may cause animal suffering and have no substantial benefit to the medical treatment of humans or animals, the method of changing the genetic identity of animals and the animals obtained by this method cannot be patented. Substances obtained by the nuclear transformation method are not suitable for disclosure because most of them involve military and national defense, and patent protection is not granted, but new technologies such as instruments and equipment used in the nuclear transformation method can be patented.

In recent years, due to the rapid development of new technologies such as information technology, the scope of intellectual property protection has been expanding, and the traditional intellectual property system has faced challenges. Some countries have also begun to provide protection to the rules and methods of certain intellectual activities that were previously not protected, as well as to the varieties of plants and animals obtained by new methods.

1.Inventions and creations that violate the law, social morality, or obstruct the public interest. "State laws" refers to laws formulated and promulgated by the National People's Congress or its Standing Committee in accordance with legislative procedures.

It does not include administrative rules and regulations. If the purpose of the invention itself is contrary to the laws of the state, a patent cannot be granted. For example, equipment, machines, or tools used for gambling; Drugs cannot be patented.

The purpose of the invention itself does not violate national law, but it does not fall under the category if it is misused and violates national law.

2.Scientific discoveries. It refers to the revelation of objectively existing phenomena in nature, the process of change, and their characteristics and laws.

A scientific theory is a summary of what we know about the natural world, and it is a discovery in a broader sense. They are all extensions of people's understanding. These recognized substances, phenomena, processes, properties and laws are different from the technical solutions that transform the objective world, and are not inventions and creations within the meaning of the Patent Law, so they cannot be patented.

3.Rules and methods of intellectual activity. Intellectual activity refers to the movement of human thinking, which originates from human thinking, produces abstract results through reasoning, analysis and judgment, or must be used as a medium by human thinking movement to indirectly act on natural results, it is only the rules and methods that guide people to think, identify, judge and remember information, because it does not use technical means or use natural laws, nor does it solve technical problems and produce technical effects, so it does not constitute a technical solution.

For example, traffic rules, grammar in various languages, speed algorithms or verbal decisions, psychological test methods, rules and methods of various games, entertainment, musical scores, recipes, chess scores, computer programs themselves, etc.

4.Diagnosis and method of the disease. It is a process of identifying, identifying or eliminating the lesions with living people or animals as the direct implementation object.

The exclusion of the diagnosis and methods of diseases from the scope of patent protection is due to humanitarian considerations and social ethical reasons, and doctors should have the freedom to choose various methods and conditions in the process of diagnosis and treatment. In addition, this type of method directly targets the implementation of a living human or animal body, and theoretically does not belong to the industry, cannot be used in the industry, and does not belong to the invention within the meaning of the Patent Law. For example, pulse diagnosis, psychology, massage, various immunization methods implemented to prevent diseases, plastic surgery for the purpose of **, etc.

However, a drug or medical device can be patented.

5.Animal and plant varieties. However, in the case of production methods of animal and plant varieties, patents may be granted.

6.Matter obtained by the nuclear transformation method.

7.The design of the pattern, color or combination of the two of the two is mainly used as a logo.

Legal Analysis: Methods of disease **, nuclear transformation methods, animal and plant varieties, diagnostic methods of diseases, scientific discoveries, etc. cannot be patented. However, a party may file a patent application for a method of production of animal and plant varieties.

Legal basis: Article 25 of the Patent Law of the People's Republic of China shall not grant a patent right for the following items:

a) scientific discoveries;

b) rules and methods of intellectual activity;

3) Diagnosis and method of disease;

iv) animal and plant varieties;

5) the nuclear transformation method and the substances obtained by the nuclear transformation method;

6) The design, which mainly plays the role of identification on the pattern, color or slip of the graphic print, and the combination of the two.

A patent may be granted for the production method of the products listed in subparagraph (4) of the preceding paragraph in accordance with the provisions of this Law.

Legal Analysis: Chang Chun Pai 1, the first diagnostic method of the disease;

2. Scientific discoveries;

3. The rules and methods of intellectual activities;

4. Nuclear transformation methods and substances obtained by atomic nuclear transformation methods;

5. The design of the pattern, color or combination of the two of the graphic matter that mainly plays the role of identification;

6. Animal and plant varieties, but the parties may file patent applications for production methods of animals and plants.

Legal basis: Article 25 of the Patent Law of the People's Republic of China shall not grant a patent right for the following items:

a) scientific discoveries;

b) rules and methods of intellectual activity;

3) Diagnosis and method of disease;

iv) animal and plant varieties;

v) nuclear transformation methods and substances obtained by nuclear transformation methods;

6. Trousers) on the pattern, color or combination of the two of the graphic prints to make the main role of the design.

A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in subparagraph (4) of the preceding paragraph.

Legal Analysis: (1) Scientific Discovery; b) rules and methods of intellectual activity; (3) Diagnosis of the disease and the prudent method of excitation; (4) Varieties of animals and plants; (5) substances obtained by the method of nuclear transformation; (6) The design, color, or combination of the two to make a design.

Legal basis: Article 25 of the Patent Law of the People's Republic of China shall not grant a patent right for the following items: (1) scientific discovery; b) rules and methods of intellectual activity; 3) Diagnosis and method of disease; iv) animal and plant varieties; (5) substances obtained by the method of nuclear transformation; (6) The design, color, or combination of the two to make a design.