What is the scope of patent rights that can be granted?

Modern people pay more and more attention to Patent rights. As long as they have inventions, innovations or other original designs, they will apply for patent rights. But applying for a patent is not that easy, nor is it something people can apply for if they want to. So, what is the scope of patent rights that can be granted? The editor of Legal Savior Network will provide you with some opinions.

What are the scopes within which patent rights can be granted

Except for the following items, all of them can be accepted.

1. No patent rights will be granted for inventions and creations that violate the law, social ethics or harm public interests. Patent rights will not be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources. For example, equipment, machines or tools used for gambling; drug paraphernalia, etc. cannot be granted patent rights. The purpose of the invention itself does not violate national laws, but if it violates national laws due to misuse, it does not fall into this category.

2. Scientific discovery. It refers to the revelation of objective phenomena, change processes, and characteristics and laws in nature. Scientific theory is a summary of the understanding of the natural world and a broader discovery. They are all extensions of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from technical solutions to transform the objective world. They are not inventions and creations in the sense of patent law, and therefore cannot be granted patent rights.

3. Rules and methods of intellectual activities. Intellectual activity refers to human thinking movement. It originates from human thinking and produces abstract results through reasoning, analysis and judgment, or it must be used as a medium to indirectly act on natural results. It is only a rule and method to guide people to think, identify, judge and remember information. Since it does not adopt technical means or utilize natural laws, nor does it solve technical problems or produce technical effects, it does not constitute a technical solution. For example, traffic rules, grammar of various languages, speed algorithms or formulas, psychological testing methods, various games, entertainment rules and methods, music scores, recipes, chess scores, computer programs themselves, etc.

4. Diagnosis and treatment methods of diseases. It is the process of identifying, determining or eliminating the causes and lesions of living people or animals. Excluding disease diagnosis and treatment methods from the scope of patent protection is based on humanitarian considerations and social ethics. Doctors should have the freedom to choose various methods and conditions during the diagnosis and treatment process. In addition, this method directlyIf the living human body or animal body is used as the object of implementation, it is theoretically considered that it does not belong to the industry, cannot be used industrially, and is not an invention-creation within the meaning of the patent law. For example, pulse diagnosis, psychotherapy, massage, various immunization methods to prevent diseases, plastic surgery or weight loss for therapeutic purposes, etc. But drugs or medical devices can be patented.

5. Animal and plant species. However, patent rights may be granted for methods of production of animal and plant varieties in accordance with the provisions of the Patent Act.

6. Substances obtained by nuclear transformation.

7. The design mainly serves the purpose of marking the pattern, color or combination of the two on the printed matter.

If you have other patent infringement issues that need to be answered, it is recommended that you consult the lawyers of the Legal Savior Network online. There are professionals here who can communicate with you one-on-one to answer the questions. All your questions.