1. How to deal with patents that violate social ethics or harm public interests
No Patent rights will be granted for inventions and creations that violate the law, social ethics or harm public interests.
"Patent Law of the People's Republic of China"
Article 5: Violation of law and social ethics Or inventions that harm the public interest will not be granted patent rights.
No patent rights will be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.
2. Conditions for granting patent rights
According to the provisions of my country's patent law, patent rights for inventions and utility models must be novel, creative, and practical.
1. Novelty means that the same invention or utility model has not been publicly published in domestic or foreign publications before the filing date, or has been publicly used at home or abroad. has been demonstrated to the public in other ways and has become known to the public. At the same time, no other person has applied for the same invention or utility model to the patent administration department of the State Council and recorded it in the patent application documents published after the application date. According to Article 24 of the "Patent Law of the People's Republic of China", "If an invention-creation for which a patent is applied for falls under any of the following circumstances within six months before the filing date, the novelty will not be lost:
(1) Exhibited for the first time at an international exhibition sponsored or recognized by the Chinese government;
(2) In the prescribed Published for the first time at an academic or technical conference;
(3) Others disclose the content without the consent of the application.
2. Creativity refers to the technology that existed before the date of application In comparison, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
3. Practicality refers to the The invention or utility model can be manufactured and used, and can produce positive effects. The grant of design patent rights shall be consistent with the design that has been publicly published in domestic and foreign publications or has been publicly used at home and abroad before the filing date. Similar, and shall not conflict with the legitimate rights and interests previously obtained by others.
Through the above analysis, we can know that the grant of patent rights requires the patent to meet certain conditions. If the patent violates the law, social ethics or harms public interests, the patent management department will not grant the patent right and reject the applicant's application. If you need legal help, readers can consult the Legal Savior Network.
