1. Can animal slaughtering methods be patented?
Animal slaughtering methods Generally, patent rights cannot be granted. To grant patent rights for inventions and utility models, the following requirements must be met:
1. Novelty means that the invention or utility model does not It belongs to the existing technology; and no unit or individual has filed an application with the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded in the patent application documents or announced patent documents published after the application date.
2. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model has substantive features. and progress.
3. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
"Patent Law"
Article 25 does not grant the following items: Patent rights:
(1) Scientific discoveries;
(2) Rules of intellectual activities and methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Nucleus transformation methods and substances obtained by nuclear transformation methods;
(6) The main influence on the pattern, color or combination of the two of the flat printed matterIdentity design.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.
2. What are the legal characteristics of patent rights?
(1) It is exclusive.
The so-called exclusivity is also called monopoly or exclusiveness. Patent right is an exclusive right granted by the competent government department to the applicant or his legal assignee based on the application of the inventor or applicant and deeming that his invention meets the conditions stipulated in the patent law. It is exclusively owned by the patentee, and the patentee has the right to possess, use, benefit from and dispose of the object of its rights (i.e. invention and creation).
(2) It is temporal.
The so-called temporal nature of patent rights means that patent rights have a certain time limit, which is the protection period stipulated by law. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. Article 42 of my country’s Patent Law stipulates: “The term of invention patent rights is 20 years, and the term of utility model and design patent rights is 10 years, both calculated from the date of application.”
(3) It is regional.
The so-called regionality refers to the spatial restriction of patent rights. It means that the patent rights granted and protected by a country or a region are only valid within the scope of that country or region and have no legal effect on other countries and regions, and their patent rights are not recognized and protected. If the patentee wishes to enjoy patent rights in other countries, he must file a separate patent application in accordance with the laws of other countries. Unless otherwise stipulated in international treaties and bilateral agreements, no country will recognize patent rights granted by other countries or international intellectual property agencies.
3. How many years is the patent right valid for?
Patent The right is valid for twenty years. According to the relevant laws and regulations of our country, the protection period of invention patent rights is twenty years, the protection period of utility model patent rights is ten years, and the protection period of design patent rights is fifteen years.
Article 42 of the Patent Law of the People's Republic of China: The term of invention patent rights is twenty years, the term of utility model patent rights is ten years, and the term of design patent rights is It is fifteen years, calculated from the date of application. If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, resolve the unreasonable delay in the authorization process of the invention patent. Compensation is granted for the duration of the patent right, except for unreasonable delays caused by the applicant. In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the patent administration department of the State Council will provide patent period compensation at the request of the patentee. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.
[Warm reminder]: The editor tells you: the so-called temporal nature of patent rights means that patent rights have a certain time limit, which is the protection provided by law. the term. The patent laws of various countries have their own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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