What are the objects not subject to patent rights?

According to the provisions of the Patent Law, the objects for which Patent rights are not granted include scientific discoveries, rules and methods of intellectual activities, diagnosis and treatment methods of diseases, etc. Regarding the questions about what are the objects that are not subject to patent rights, the editor of Legal Savior Network will answer them in detail for you below.

1. What are the objects for which patent rights are not granted

1. Basis According to the provisions of the Patent Law, the objects not granted patent rights include scientific discoveries, rules and methods of intellectual activities, diagnosis and treatment methods of diseases, etc.

2. Legal basis: Article 25 of the "Patent Law of the People's Republic of China" stipulates that no patent rights will be granted for the following items:

(1) Scientific discovery;

(2) Rules and methods of intellectual activities;

(3) Diagnosis and treatment methods of diseases;

(4) Animal and plant varieties;

(5) Substances obtained by nuclear transformation method;

(6) Patterns of flat printed matter , color or a combination of the two to create a design that mainly functions as a logo.

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. When can the patent right be exercised?

According to the relevant laws of our country, after approval by the patent management department, the patent can be obtained After obtaining the patent right, the patentee can exercise the patent right, but the patent right protection has a time limit, and it will no longer be protected after the time limit.

If no reason for rejection is found after substantive examination of the invention patent application, the patent administration department of the State Council shallMake a decision to grant an invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.

If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant a utility model patent or a design patent. The decision shall be made, the corresponding patent certificate shall be issued, and the patent shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.

The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application. 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.