1. What cannot be the object of patent rights
1. No patent rights will be granted for inventions and creations that violate the law, social ethics or harm public interests.
2. Obtain or utilize genetic resources in violation of laws and administrative regulations, and rely on inventions and creations completed by 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 nuclear 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 Article, TwentiethFive provisions.
2. What are the limitations of patents
1. Limitation 1: Temporality The so-called timeliness means that any patent right is valid within the legal period. If the legal validity period 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 basis for the patent right? , 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. In China, there are four major regions (Mainland, Hong Kong, Macau and Taiwan). If you want to exercise patent rights for a certain 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. Among them, the most representative ones are related to people’s life and health.The pharmaceutical industry and military industries such as weapons manufacturing are related to the security of the entire country. The reason why the country has made special provisions on patent rights in the pharmaceutical industry and military industry is to maintain social order and people's safety. The limitation of the exclusivity of patent rights in these specific areas does not mean the loss of the rights of the patentee.
As a type of intellectual property, the establishment of patent system is the same as that of other intellectual property systems. On the one hand, it requires encouraging innovation and stimulating the enthusiasm of right holders. Invention and creation, on the other hand, must 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 will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
