1. What are the objects that are not patentable?
1. No patent rights will be granted for inventions and creations that violate the law, social ethics or harm public interests.
2. Inventions and creations that violate the provisions of laws and administrative regulations to obtain or utilize genetic resources and rely on such genetic resources , no patent rights are granted.
3. No patent rights will be granted for the following items:
(1) Science Discovery;
(2) Rules and methods of intellectual activities;
(3) Disease Diagnosis and treatment methods;
(4) Animal and plant species;
(5 ) Substances obtained by atomic nuclei transformation;
(6) Designs made on the patterns, colors, or a combination of the two on flat printed materials that serve primarily as a marker.
4. Legal basis: "Patent Law of the People's Republic of China"Fifth Bar,Article 25.
2. What are the limitations of patents? Nature
1. Limitation 1: TemporalityThe so-called temporality refers to Any patent right is valid within the legal period. If the legal period of validity is exceeded, the patent right cannot continue to be exercised. In my country, invention patents are valid for 20 years, and utility model and design patents are valid for 10 years. Patent rights are different from trademark rights. After expiration, the rights will automatically terminate. The patented technology becomes public technology and can be used by anyone for free and cannot be renewed. It should be noted that when a patent right is declared invalid or due to failure to pay annual fees and other fees, the patent right will be terminated early, and the time for the right holder to exercise the patent right will be greatly shortened. This is because the protection of patents is related to the public interests and the overall interests of mankind. If advanced technology has been monopolized, it will easily hinder social development. Patents can be used to create unlimited value within this limited time. Patent transfer, patent licensing, patent pledge loans, patented technology shares, etc. are all good ways to increase the value of patents.
2. Limitation 2: RegionalityThe law of which jurisdiction is the patent right based on? , in which jurisdiction it is protected by law.
3. Limitation 3: Special circumstances of exclusivityThe exclusivity of patent rights has become a The best weapon for enterprises to fight against competitors. The exclusivity of patent rights means that the patentee has the right to prohibit others from implementing the patented solution (including technical solutions and design solutions). But exclusivity also has its special circumstances. For example, the implementation of some patents related to specific products will be restricted by specific laws and regulations.
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