Object not protected by patent right

Objects not protected by the patent law are: 1. Inventions and creations that violate laws, social ethics or harm public interests. National laws refer to laws formulated and promulgated by the National People's Congress or the NPC Standing Committee in accordance with legislative procedures. Excluding administrative regulations and rules. If the purpose of the invention itself violates the laws of the state, the patent right cannot be granted. Such as equipment, machines or tools for gambling; Drug abuse equipment, etc. Can't be patented. The purpose of the invention itself does not violate national laws, but those that violate national laws due to abuse do not belong to this category. 2. Scientific discovery. It refers to the revelation of objective phenomena, changing processes, characteristics and laws in nature. Scientific theory is a summary of the understanding of nature and a broader discovery. All belong to the extension of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from the technical scheme to transform the objective world, and do not belong to inventions in the sense of patent law, so patent rights cannot be granted. 3. Rules and methods of intellectual activities. Intellectual activity refers to human thinking movement, which originates from human thinking and produces abstract results through reasoning, analysis and judgment, or indirectly acts on nature through human thinking movement as a medium to produce results. It is only the rules and methods to guide people to think, identify, judge and remember information. Because no technical means or laws of nature are used, and no technical problems are solved and technical effects are produced, it does not constitute a technical scheme. Such as traffic rules, grammar of various languages, fast algorithm or oral decision-making, psychological test methods, rules and methods of various games and entertainment, music scores, recipes, chess manuals, computer programs themselves, etc. 4. Diagnosis and treatment of diseases. It is a process of identifying, determining or eliminating the cause and focus with living people or animals as the direct implementation object. The exclusion of the diagnosis and treatment of diseases from the scope of patent protection is due to humanitarian considerations and social and ethical reasons. Doctors should have the freedom to choose various methods and conditions in the process of diagnosis and treatment. In addition, this method directly takes the living human body or animal body as the implementation object, which is theoretically considered not to belong to the industry, can not be used in the industry, and does not belong to the invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, massage, various immune methods to prevent diseases, cosmetic or weight loss treatment, etc. However, drugs or medical equipment can be patented. 5. Species of animals and plants. However, patents may be granted for the production methods of animal and plant varieties in accordance with this Law. 6. Substances obtained by nuclear transformation. 7. Patterns are mainly used to mark the patterns, colors or the combination of the two.