1. The patent law stipulates which items are not subject to patent rights
1. No patent rights are granted for the following items:
(1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Nucleus transformation methods and substances obtained by nuclear transformation methods;
(6) Designs made from the patterns, colors, or a combination of the two on flat printed materials that serve primarily as a logo.
2. Legal basis: Article 25 of the "Patent Law of the People's Republic of China".
2. What are the conditions for granting patent rights?
(1) Novelty means that the invention or utility model does not belong to the existing technology; and no unit or individual has applied for the same invention or utility model. An application has been submitted to the Patent Administration Department of the State Council before the date of application, and shall be 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, and the utility model has substantial Features and Advancements.
(3) Practicality means that the invention or utility model can be manufactured orused by users and can produce positive results.
According to the provisions of the Patent Law, items not subject to patent rights include: scientific discoveries; rules and methods of intellectual activities; methods of diagnosis and treatment of diseases; Animal and plant species; atomic nucleus transformation methods and substances obtained by atomic nucleus transformation methods, etc. 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.
