What are the objects for which patent rights cannot be granted?

1. Inventions and creations that violate laws, social ethics or harm public interests; 2. Inventions and creations that obtain or utilize genetic resources in violation of laws and administrative regulations and rely on such genetic resources; 3. Scientific discoveries; 4. Intellectual activities Rules and methods; 5. Diagnosis and treatment methods of diseases; 6. Animal and plant species; 7. Substances obtained by nuclear transformation; 8. Mainly used to mark the pattern, color or combination of the two in flat printed matter. the design of. Regarding the questions about the objects that cannot be granted 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 cannot be granted

1. The Patent Law of the People's Republic of Chinawill not grant patent rights to 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. No patent rights are 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 atomic nuclear transformation;

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

2. "Patent Law of the People's Republic of China" Article 5,TwentiethFive rules.

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.

2. Limitation 2: RegionalityThe law of which jurisdiction is the patent right based on? , in which jurisdiction it is protected by law. For example, patents authorized in China cannot be exercised in the United States, and conversely, patents authorized in the United States are not protected in China. , if you want to exercise patent rights for an invention, you need to apply for a patent there.

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.

To sum up, as a type of intellectual property rights, the establishment of patent system is the same as other intellectual property systems. On the one hand, it requires encouraging innovation , to stimulate the inventions and creations of right holders, on the other hand, it should 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.