What is not the subject matter of patent rights?

Objects that are not subject to the grant of patent rights include: 1. Inventions and creations that violate the law, social ethics or hinder public interests; 2. Inventions and creations that violate the provisions of laws and administrative regulations to obtain or utilize genetic resources and rely on the genetic resources; 3. , Scientific discovery; 4. Rules and methods of intellectual activities; 5. Diagnosis and treatment methods of diseases; 6. Animal and plant varieties; 7. Substances obtained by atomic nuclei transformation method; 8. Patterns, colors or secondary effects on flat printed matter. The combination of the two creates a design that mainly functions as a logo. Regarding the question of what is not the subject matter of patent rights, the editor of Legal Savior Network will answer it in detail for you below.

1. What are not the objects of patent rights

1. Violation Laws, social ethics or inventions that harm public interests;

2, violations of laws and administrative regulations Regulations on the acquisition or utilization of genetic resources and inventions and creations completed in reliance on such genetic resources;

3. Scientific discovery;

4. Rules and methods of intellectual activities;

5. Diagnosis and treatment methods of diseases;

6. Animal and plant species;

7. Substances obtained by nuclear transformation;

8. A design made from the pattern, color, or combination of the two on a flat printed matter, which mainly functions as a mark.

9. Legal basis: Article 5 of the "Patent Law of the People's Republic of China" shall not grant patent rights to inventions and creations that violate the law, social ethics or hinder 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.

2. What are the limitations of patents

1. Limitation 1: Time. 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 interests of the public and the overall interests of mankind. If advanced technology is always 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: Region . Patent rights are protected by law in whichever jurisdiction they are based on.

3. Limitation 3: Special circumstances of exclusivity. The exclusivity of patent rights has become the best weapon for many companies 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 has its special circumstances. For example, the implementation of some patents related to specific products will be restricted by specific laws and regulations. The most representative of these are the pharmaceutical industry, which is related to people's lives and health, and the military industry, such as weapons manufacturing, which is related to the safety of the entire country;

4. The reason why the country Special provisions must be made for patent rights in the pharmaceutical industry and military industry for the purpose of maintaining 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.

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