1. What are the negative conditions for patent application
1. Violation of the law , social ethics or inventions that harm public interests. If the purpose of the invention is contrary to national laws, patent rights cannot be granted.
2. Scientific discovery. It refers to the revelation of objective phenomena, change processes, and characteristics and laws in nature. Scientific discoveries are different from technical solutions that transform the objective world. They are not inventions and creations in the sense of patent law, and therefore cannot be granted patent rights.
3. Rules and methods of intellectual activities. Intellectual activities are only rules and methods that guide people to think, identify, judge and remember information. Since they do not adopt technical means or utilize natural laws, nor do they solve technical problems or produce technical effects, they do not constitute a technical solution.
4. Diagnosis and treatment methods of diseases. It is the process of identifying, determining or eliminating the causes and lesions of living people or animals. Excluding disease diagnosis and treatment methods from the scope of patent protection is based on humanitarian considerations and social ethics. Doctors should have the freedom to choose various methods and conditions during the diagnosis and treatment process. In addition, this type of method directly uses living human or animal bodies as the implementation object. It is theoretically considered that it does not belong to the industry and cannot be used industrially. It is not an invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immunization methods to prevent diseases, plastic surgery or weight loss for therapeutic purposes, etc. But drugs or medical devices can be patented.
5. Animal and plant species. However, patent rights may be granted for methods of production of animal and plant varieties.
6. Substances obtained by nuclear transformation.
7. Patterns, colors or a combination of the two in flat printed matterA design that serves primarily as a logo.
2. What are the three categories of patent rights
(1) Patent rights are exclusive rights granted by the state to the patentee for a certain period of time to the patented product in accordance with the law.
(2) Patents are inventions protected by patent law, and generally include three types of patents: invention, utility model and design.
(3) A patent is a patent document, the main part of which is the patent specification describing the invention and creation.
Article 2 of the Patent Law of the People's Republic of China
Inventions referred to in this Law Creation refers to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design.
The above is the answer given by the editor of Legal Savior Network on "What are the negative conditions for patent application". We can understand that the negative conditions for patent application are as above, Hope this helps. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
No comments yet. Say something...