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According to the Patent Law of the People's Republic of China (amended in 2008).
Article 5 No patent shall be granted for inventions and creations that violate the law or social morality or impede the public interest.
Patents shall not be granted for inventions or creations that are obtained or utilized in violation of laws or administrative regulations, and which are completed by relying on such genetic resources.
Rule 25 No patent shall be granted 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) substances obtained by the nuclear transformation method;
6) The design of the pattern, color or combination of the two of the graphic printed matter that mainly plays the role of identification.
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.
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The circumstances under which a patent may not be granted under the Patent Law include:
The first is scientific discovery;
the second is the rules and methods of intellectual activity;
the third is the diagnosis of diseases and the most ingenious methods;
the fourth is animal and plant varieties;
the fifth is the matter obtained by the nuclear transformation method;
The sixth is the design of the pattern, color or combination of the two in the graphic print.
Patents may be granted for the production methods of animal and plant products in accordance with the provisions of the law.
In addition, the Patent Law also stipulates that no patent shall be granted for inventions and creations that violate the law, social morality or impede the public interest. No patent shall be granted for inventions or creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.
In addition, the Patent Law also stipulates that any unit or individual that applies for a patent for an invention or utility model completed in China to a foreign country shall report it to the patent administration department for confidentiality review in advance. A patent right shall not be granted to a person who applies for a patent for an invention or utility model in a foreign country in violation of the provisions and applies for a patent in China.
1. What are the conditions for granting a patent?
The conditions that should be met for the attributes of the invention-creation itself include:
1) The invention-creation for which a patent right is granted must be an invention, utility model or design that complies with the provisions of Article 2 of the Patent Law. A patent cannot be granted if the subject matter of the application is not an invention, utility model or design as defined in the Patent Act;
2) The subject matter for which the patent right is granted must be within the scope of the subject matter for which the patent right can be granted, that is, it cannot be within the scope of the non-grant of the patent right as stipulated in Article 25 of the Patent Law;
3) The subject matter of the granted patent must not violate national laws, social morality or interfere with the public interest, i.e., it cannot fall under the circumstances excluded by Article 5 of the Patent Law;
4) The subject matter of the granted patent must comply with the provisions of Articles 22 and 23 of the Patent Law, that is, the invention or utility model for which the patent right is granted shall be novel, inventive and practical. The design for which a patent is granted shall not be identical or similar to an existing design, and shall not conflict with the prior legal rights of others.
If the subject matter of the application does not meet one of the above conditions, it can be a ground for rejection of the patent application at the examination stage. After the patent right is granted, any person who finds that the patent right does not meet the above conditions may file an application for invalidation with the Patent Reexamination Board on this ground. The above are the specific conditions for granting a patent.
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Answer]: a, b, c, e
Article 25 of the Patent Law stipulates that: "No patent shall be granted for the following items: (1) scientific discoveries; (2) rules and methods of sailing for intellectual activity; (3) Diagnosis and methods of disease; (4) animal and plant varieties; (5) substances obtained by the nuclear transformation method; (6) The design that mainly plays the role of identification on the pattern, color or combination of the two of the flat prints.
A patent may be granted in accordance with the provisions of this Law for the production of stress-resistant socks for the products listed in subparagraph (4) of the preceding paragraph."
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Answer]: Cavity Hand A
Article 25 of the Patent Law stipulates that: "No patent shall be granted for the following items: (1) scientific discoveries; (2) rules and methods of intellectual activity; (3) Diagnosis and methods of disease; (4) animal and plant varieties; (5) substances obtained by the original round belt nucleus transformation method; (6) The design of the pattern, color or combination of the two is mainly used for identification.
Option B, which is a method of intellectual activity, which is a plant variety, and Option D, which is an animal variety, is not patentable.
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