Patent Law What does the object of patent rights not include?

Inventions and creations that violate laws, social ethics or harm public interests, acquisition or utilization of genetic resources in violation of laws and administrative regulations, and inventions and scientific discoveries made in reliance on such genetic resources; 4. Rules and methods of intellectual activities, diseases Diagnostic and therapeutic methods, animal and plant species, substances obtained by nuclear transformation methods, designs primarily used for identification purposes in graphic prints, colors or a combination of both. Regarding the question of what is not included in the Patent rights of the patent law, the editor of Legal Savior Network will give you a detailed answer below.

1. What is not included in the subject matter of patent rights in patent law

1. (1) Inventions and creations that violate laws, social ethics or harm public interests.

(2) Obtaining or utilizing genetic resources in violation of laws and administrative regulations, and relying on inventions, creations, and scientific discoveries based on such genetic resources;

(3) Rules and methods of intellectual activities, diagnosis and treatment methods of diseases

(4) Animals and plant species, substances obtained by nuclear transformation methods

(5) Mainly used to mark the pattern, color or combination of the two in flat printed matter design.

2. Legal basis: Article 5 of the "Patent Law of the People's Republic of China" stipulates that no patent rights will be granted for inventions and creations that violate the law, social ethics or harm public interests. ;

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. What are the limitations of patents

1. Temporality means that any patent right is valid within the legal period. If the legal validity period is exceeded, the patent right cannot continue to be exercised. In our country, invention patents are valid for 20 years, and utility model and design patents are valid for 10 years;

2. Regionality. Patent rights are protected by law in whichever jurisdiction they are based on;

3. Special circumstances of exclusivity. The exclusivity of patent rights has become an obstacle for many companies to combat competition. Your opponent's best weapon. The exclusivity of patent rights means that the patentee has the right to prohibit others from implementing the patented solution.

As a type of intellectual property, the establishment of the patent system is the same as other intellectual property systems. On the one hand, it requires encouraging innovation and stimulating the invention and creation of the right holder; on the other hand, it requires On the one hand, we must also promote the spread of science and technology and protect the interests of the public. Therefore, based on the balance of interests, patents must have a protection period and cannot be protected permanently. 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.