Which projects cannot be granted patent rights
According to the provisions of Article 5 of the Patent Law: "For violations of the law, Patent rights will not be granted for inventions and creations that violate social ethics or harm public interests. Patent rights will not be granted for inventions and creations that obtain or utilize genetic resources in violation of laws and administrative regulations and rely on such genetic resources." and Article 1 of this Law Article 25 stipulates: “No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Substances obtained by nuclear transformation methods;
(6) The design of the pattern, color or combination of the two that mainly serves to mark the printed matter. The production method of the products listed in item (4) of the preceding paragraph may be in accordance with This Act provides for the grant of patent rights."
Definition of patent rights
Patent rights (PatentRight), "Patent" for short, is the exclusive right to implement a specific invention and creation within a certain period of time that the inventor or the assignee of his rights enjoys in accordance with the law. It is a type of intellectual property rights. my country promulgated the Patent Law in 1984 and the implementation details of the law in 1985, making specific provisions on relevant matters.
The word patent comes from the Latin word Litteraepatentes, which means a public letter or public document. It was used by medieval monarchs to prove certain privileges. Later it referred to a certificate of exclusive rights signed by the King of England himself. Patents are the world's largest source of technical information. According to empirical statistical analysis, patents contain 90%-95% of the world's scientific and technological information.
Nature
The nature of patent rights is mainly reflected in three aspects: exclusivity, timeliness and territoriality.
Patent rights exclusivity
Exclusivity, also known as exclusivity or exclusiveness. The patentee enjoys exclusive or exclusive rights over the patent rights it owns No one may use the right without its permission or under special circumstances stipulated by law, otherwise it will constitute infringement. This is one of the most important legal features of patent rights (intellectual property rights).
Temporality of patent rights
Temporality means that the legal protection of the patent owner is not unlimited, but has limitations beyond which Once a time limit is reached, protection is no longer provided, and patent rights immediately become the common wealth of mankind and can be used by anyone.
Regional nature of patent rights
Regionality means that any patent right can only be created in accordance with the laws of a certain region and be protected by law in that region. This is also another important legal feature that is different from tangible property. .According to this feature, patent rights obtained under the laws of a country are only protected by law in the field of that country, and are not protected by the laws of that country in other countries, unless there is a bilateral patent (intellectual property) protection agreement between the two countries. , or jointly participated in international conventions on the protection of patents (intellectual property rights).
According to the above provisions, the circumstances and matters in which patent rights are not granted mainly include:
1. Inventions and creations that violate the law
The law here should have strict requirements, limited to "National People's Congress and Standing Committee "Laws that will be enacted". An invention-creation that violates the law means that the purpose of the invention-creation itself is contrary to the law. For example, a device for counterfeiting currency cannot be granted a patent. If the purpose is not illegal, but the law is violated due to illegal use, then They are not inventions and creations that violate the law. Such as poisons for medical purposes.
2. Inventions and creations that violate social ethics
Such as designs with obscene pictures, etc.
3. Inventions that harm public interests
4. Obtain or utilize genetic resources in violation of laws and administrative regulations, and rely on the genetic resources to complete inventions and creations
Genetic resources refer to Any material that contains genetic functional units and has actual or potential value taken from humans, animals, plants or microorganisms. This requires inventions and creations that rely on the genetic resources to obtain and use the genetic resources legally and apply for them. State the source when patenting.
5. Scientific discovery
That is, the unknown that already objectively exists in nature The discovery and understanding of objects.
6. Rules and methods of intellectual activities
Such as speed algorithm, Competition rules, etc.
7. Diagnosis and treatment methods of diseases
Such as MRI diagnostic methods, Acupuncture, massage therapy, etc.
8. Animal and plant species
For animal and plant species, It can be protected through the "Regulations on New Plant Varieties". The production methods of animal and plant varieties can be patented. In addition, the varieties and production methods of microorganisms can also be patented.
9. Substances obtained by atomic nuclei transformation methods
10. Designs made on the patterns, colors, or a combination of the two of flat printed materials that mainly serve as identification
Such as bottle stickers, etc. Mainly protected by trademark law and copyright law.
There are many patent rights Rights that are involved for everyone, including students, so we must know the relevant legal knowledge in order to safeguard our rights, so we should know more about it. The above is the relevant knowledge that the editor of the Legal Savior Network has found for you. I hope it can Help everyone! If you have any questions, please consult a lawyer on this website.
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