Application not to grant invention patent rights
1). No patent rights are granted according to Article 5 of China’s Patent Law Inventions and creations:
A. Violation of national laws Inventions and creations;
B. Inventions that violate social ethics Creation;
C. Inventions that harm public interests .
2), according to Article 20 of my country’s Patent Law Five objects for which patent rights are not granted:
A , scientific discovery;
B. Intelligencerules and methods of force activities;
C. Diagnosis and treatment methods of diseases;
D, animal and plant varieties;
E. Substances obtained by nuclear transformation.
"Patent Law"
Article 5: Inventions and Creations that Violate Laws, Social Morals or Harm Public Interests , no patent rights are granted.
Obtain or obtain information in violation of laws and administrative regulations No patent rights will be granted for inventions and creations that utilize genetic resources and rely on these genetic resources.
Article 20 Any unit or individual will If an invention or utility model completed in China is applied for patent in a foreign country, it must be reported to the patent administration department of the State Council in advance for confidentiality review. The procedures and deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council.
Chinese entities or individuals may file international patent applications in accordance with relevant international treaties to which the People's Republic of China is a party. Applicants filing international patent applications shall comply with the provisions of the preceding paragraph.
The Patent Administration Department of the State Council handles patents in accordance with relevant international treaties to which the People's Republic of China is a party, this Law and relevant provisions of the State Council International application.
For violations of the provisions of paragraph 1 of this article If an invention or utility model applied for patent in a foreign country is patented in China, the patent right will not be granted.
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