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China's patent law protects patent rights, but not all patents are protected by the patent law, so what are the objects that do not grant protection patents? We'll answer them one by one below. What are the objects that are not protected under the Patent Law?
According to Articles 5 and 25 of the Patent Law of the People's Republic of China, the following objects shall not be granted protection patent rights: 1Inventions and creations that violate the law, social morality, or obstruct the public interest shall not be granted a patent for protection.
Patents for protection shall not be granted for inventions and creations that are obtained or used in violation of laws or administrative regulations and relied on such genetic resources. 2.Scientific discoveries.
3.Rules and methods of intellectual activity. Patents may be granted if they are tools, equipment, devices, etc., for intellectual activities.
4.Diagnosis and method of the disease. Patents can be granted for instruments and medicines used to diagnose or ** diseases.
5.New varieties of animals and plants. Patents can be granted for methods of cultivating and producing plants and animals.
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. I believe that after reading the above content, you will have a further understanding of what are the objects that are not granted protection under the Patent Law. For more information, please call Bajie Intellectual Property Services**.
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The objects for which no patent is granted are: the invention-creation for which a patent is applied includes invention, utility model and design, and the invention-creation must meet the requirements of novelty, inventiveness and practicability. No patent shall be granted for inventions or creations that violate national laws or social morality or impede the public interest.
No patent shall be granted for the following: 1. Scientific discovery; 2. Rules and methods of intellectual activity; 3. Diagnosis and methods of disease; 4. Animal and plant varieties; 5. Substances obtained by the nuclear transformation method. A patent may be granted for the production method obtained in item 4 of the preceding paragraph in accordance with the provisions of the Patent Law.
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The object of protection of a patent right refers to the invention-creation that should be granted in accordance with the law. According to Article 2 of the Patent Law of the People's Republic of China, the subject matter of the Patent Law includes three types: invention, utility model and design. Article 2 of the Patent Law of the People's Republic of China:
For the purposes of this Law, the term "invention-creation" refers to inventions, utility models and designs. Legal basis: Patent Law of the People's Republic of China Article 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs.
"Invention" refers to a new technical solution proposed for a product, a process or an improvement thereof. Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. Appearance design refers to the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of the product, which is aesthetically pleasing and suitable for industrial application.
Patent maintenance refers to the process in which the patentee pays a prescribed amount of maintenance fee to the patent administration department in accordance with the law to continue to be valid during the statutory protection period of the patent. The patent maintenance period refers to the actual time from the filing date or the date of grant of the patent to the date of invalidation, termination, revocation or expiration. The patent laws of different countries or regions have different starting times for patent maintenance, some are calculated from the filing date, some are calculated from the grant date, and the patent maintenance time in China is calculated from the patent application date. >>>More
1. What are the contents of the patent right?
1. The rights of the patentee. >>>More
The patentee is the subject of the patent right. The patentee includes both the owner and the holder of the patent, so what are the rights of the patentee? 1. Right to prohibit. >>>More
Jite intellectual property rights: 1. In the application stage, the application documents for utility models shall include: application for utility model patent, description, drawings of the description, claims, abstract and drawings attached to the abstract. >>>More
According to Article 1 of the Patent Law, the object of patent protection in China is invention and creation. Article 2 of the Patent Law stipulates that "the term "invention-creation" in the Patent Law refers to inventions, utility models and designs". Therefore, the object of patent protection in China includes not only inventions, but also utility models and designs. >>>More