Not subject matter of patent grant

It is a relatively common way for companies to obtain patent authorization by purchasing patents from individuals or companies for use in the production of their own products. This patent licensing method is often paid, and rarely free. Regarding the issues that are not subject matter of patent grant, the editor of Legal Savior Network will give you detailed answers below.

1. Objects that are not subject to patent grant

1. Enterprises obtain from individuals Or companies purchase patents for use in the production of their own products, which is a relatively common way to obtain patent authorization. This patent licensing method is often paid, and rarely free.

2. Legal basis: "Patent Law"

Article 5: Violation of law, Patent rights will not be granted for inventions and creations that violate social ethics or harm public interests.

Article 25 The following subjects are not subject to patent rights:

(1) Science Discovery;

(2) Rules and methods of intellectual activities;

(3) Disease Diagnosis and treatment methods;

(3) Animal and plant species;

(4 )Substances obtained by atomic nuclear transformation;

(5) Designs made on the patterns, colors, or a combination of the two on flat printed materials that mainly serve as a mark;

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. Conditions for granting patent applications

Patent laws vary from country to country. China and most countries require inventions to be novel, advanced and industrially practical. Novelty refers to the date on which the patent application is filedor the priority date, the invention is unprecedented in the prior art, that is, it is not publicly known. Any disclosure in writing, tape, record, photography, oral or use, etc., will lose its Novelty. Some countries use world novelty, some countries use domestic novelty, and some countries use the world scope as the standard for public disclosure, and the domestic scope as the standard for public disclosure. Advanced nature, also known as creativity, means that an invention is more advanced than the existing technology when applying for a patent, to an extent that is not obvious to ordinary professionals in the technical field to which it belongs. Practicality means that the invention can be manufactured and used in industry.

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 Network to consult a professional lawyer.