Can gua sha be patented, and what can t be patented???

The objects of patent protection in China include: invention, utility model and design. 1. The invention is a new technical solution proposed for the shape, method or improvement of the product; 2. A utility model is a new technical solution suitable for practical use proposed for the shape, structure or combination of a product, commonly known as a "small invention"; 3. Appearance design is a new design that is aesthetically pleasing and suitable for industrial application of the shape, pattern, color or combination of products.

So what can't be patented? Non-patentability refers to the content for which the patent right is not granted. Article 25 of the Patent Law stipulates that no patent shall be granted for the following items:

1.scientific discoveries; 3.Diagnosis and methods of the disease; 4.

animal and plant varieties; 5.Matter obtained by the nuclear transformation method; 6.The design of the pattern, color or combination of the two of the two is mainly used as a logo.

Legal basis: Article 25 of the Patent Law of the People's Republic of China does not grant patent rights for the following items: 1

scientific discoveries; 3.Diagnosis and methods of the disease; 4.animal and plant varieties; 5.

Matter obtained by the nuclear transformation method; 6.The design of the pattern, color or combination of the two of the two is mainly used as a logo.

What kind of patent application is not patentable? The Patent Law clearly stipulates that the following patent applications will be rejected by the Patent Office and will not grant patents for inventions and utility models. (1) Scientific discovery.

For example, new discoveries and understandings of natural and social phenomena and their laws, as well as purely scientific theories and mathematical methods. Scientific discoveries belong to the category of human understanding of the world, and do not make any technical changes to the objective world. (2) Rules and methods of intellectual activity.

For example, methods of educating people, methods of training animals, plans and rules for production management, business and games, and simple computer programs. (3) Diagnosis and method of disease. For example, the pulse diagnosis method and acupuncture method of traditional Chinese medicine, and the laboratory method of Western medicine.

4) Varieties of animals and plants. It is generally believed that animal and plant varieties are different from industrial commodities and are greatly affected by natural conditions, and there is no possibility of absolute "reproduction" by artificial methods. There is still controversy internationally.

5) Substances obtained by the nuclear transformation method. This is mainly due to national defense considerations. In addition, inventions and creations that violate national laws, social morality or obstruct the public interest, such as drug paraphernalia, methods and tools for destroying security doors, designs that harm good morals and customs, and so-called inventions that violate scientific principles, such as perpetual motion machines, cannot be granted patent protection.

Patents should be novel, inventive and practical. As long as the patent applied for meets these conditions, and then the patent application is filed in accordance with the regulations, the patent can be successfully registered after passing the examination, and the applicant will also obtain the patent right.

According to the provisions of the Patent Law of the People's Republic of China, the inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Novelty refers to the fact that the same invention or utility model has not been publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no application for the same invention or utility model filed by others with the patent administration department and recorded in the patent application documents published after the filing date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art existing before the filing date, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

Article 23 The design for which a patent right is granted shall be different or similar to the design that has been publicly published in domestic and foreign publications or publicly used in China before the filing date, and shall not conflict with the prior legal rights of others.

Article 24 The novelty of an invention-creation for which a patent application is made shall not be lost under any of the following circumstances within six months prior to the date of application:

1) It is exhibited for the first time at an international exhibition sponsored or recognized by China**;

2) It is first published at a prescribed academic conference or technical conference;

3) Others leak their content without the applicant's consent.

Article 25 No patent shall be granted for the following items:

a) scientific discoveries; (2) 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.

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.

Mere ideas are not patentable. What can be patented must be a "technical solution that can be implemented repeatedly", which means that according to the content of the patent, it can be produced and processed in a factory. Therefore, the idea must be supported by relevant things before it can be applied.

Anything can be patented.

The scraper belongs to the 1001 group of Class 10 of the Trademark Classification;

According to the statistics of the road sign network, there are 53 registered trademarks of scrapers.

How to choose other sub-categories when registering:

1.There are 4 trademarks in the category of physiotherapy equipment, group number: 1003) that were selected for registration, accounting for a high proportion of registrations.

2.There are 4 trademarks that have been registered in the category of Rubber Macro (Massage Instrument Min, group number: 1001), accounting for a high proportion of registrations.

3.There are 3 trademarks in the category of medical fumigation equipment, group number: 1001) that were selected for registration, accounting for a proportion of registrations.

4.There are 3 trademarks in the category of choosing to register (gua sha board, group number: 1001), and the registration rate is up.

5.There are 3 trademarks in the category of "Cupping, group number: 1001" that were selected for registration, accounting for a large proportion of registrations.

6.There are 2 trademarks in the category of medical diagnostic equipment, group number: 1001, which account for registration.

7.There are 2 trademarks in the category of vibrating massager (group number: 1001) that were selected for registration, accounting for a high proportion of registrations.

8.There are 2 trademarks in the category of medical syringes, group number: 1001) that were selected for registration, accounting for a large proportion of registrations.

9.There are 2 trademarks in the category of medical needles (group number: 1001) that were selected for registration, and the proportion of registered Liang Register is reached.

10.There are 2 trademarks in the category of electric cupping device, group number: 1001) that were selected for registration, accounting for a high proportion of registrations.

Can obtain a patent for invention, d a method for manufacturing a new type of prosthesis.

e A new appliance for "gua sha".

Reason: "method" can only apply for invention patent, "product" can apply for invention patent or utility model patent.

It can obtain a utility model patent, e a new appliance for "scraping".

Reason: The product can apply for a utility model patent.

Patents cannot be used as an option for protection.

a A new method of computer input of Chinese characters.

b A new method for rapid diagnosis of "mad cow disease".

c A new approach to AIDS.

Reason: A belongs to the rules and methods of intellectual activity.

b and c belong to the diagnostic and ** methods of merger.

According to Article 25 of the Patent Law, no patent can be granted.

d where an invention patent may be obtained;

e can apply for an invention patent, but it is unlikely.

Possible acquisition of utility model patents: e.

Patents cannot be granted: a, b, c

a Rules and methods of intellectual activity;

b c is the first nuclear diagnostic method of the disease;

The diagnosis and method of disease are not granted subject matter in patent law, and patent law protection cannot be selected. Therefore, B and C cannot be applied.

Nor can it be patented. According to the Gazette No. 27 of the Patent Office, medical devices that directly act on the human body such as electricity, magnetism, light, sound, radiation, etc., or a combination thereof. No utility model patent is granted.

a, d counts as an invention. A utility model must be a product or a new technical solution. Both are inventions of methods.

Correction: a A new method of computer Chinese character input.

You can apply for utility model or invention patent, such as what Wubi input method, which belongs to the combination of software and hardware, and does not belong to the rules and methods of intellectual activities.

BC can't apply for anything...

AD method ·· It should be counted as an invention.

e should be the use of a new type of ··· However, the use of new · · It seems that most of the houses I've seen are designed for houses... The appearance of the product···

I don't understand this.

There seem to be a lot of patents for input methods.

You can make up some details and apply later, and make the so-called "details" ambiguous, in fact, there are many variants of "perpetual motion machines" patented, and the attached drawings are all hand-drawn like drawings drawn by three-year-old children.

As long as the idea is concrete and detailed, of course, it is only theoretically concrete and detailed, and this is what their conceptual invention means.

No, you cannot. You can take a look at patent law.

【Name】 Gua sha board.

Applicant (patent) owner: Zhao Yongming.

Address] No. 113, Tantou Village, Shuinan Street, Shangrao City, Jiangxi Province, 334000.