1. Patent rights will not be granted to inventions and creations that violate the law, social morality, or are detrimental to the interests of the public ****. Patents will not be granted for inventions and creations that violate the provisions of laws and administrative regulations to obtain or utilize genetic resources and rely on such genetic resources to complete. For example, devices, machines or instruments used for gambling; drug paraphernalia, etc. cannot be granted patents. The purpose of the invention itself does not violate the state law, but it does not fall into this category if it violates the state law due to being abused.2. Scientific discovery. It refers to the revelation of the objectively existing phenomena in nature, the process of change and its characteristics and laws. Scientific theories are summaries of the understanding of nature and are discoveries in a broader sense. They all belong to the extension of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from the transformation of the objective world of the technical program, is not an invention in the sense of the patent law, and therefore can not be granted a patent. 3, the rules and methods of intellectual activity. Intellectual activity, refers to the movement of human thinking, which originates from human thinking, after reasoning, analysis and judgment to produce abstract results, or must be mediated by the movement of human thinking in order to indirectly act on nature to produce results. It is only the rules and methods that guide people to think, identify, judge and remember information, and does not constitute a technical program because it does not adopt technical means or utilize the laws of nature, nor does it solve technical problems and produce technical effects. For example, traffic driving rules, grammar of various languages, shorthand algorithms or mnemonics, methods of psychological testing, rules and methods of various games and entertainment, sheet music, recipes, chess games, computer programs themselves, etc. 4. Methods of diagnosis and treatment of diseases. It is the process of identifying, determining or eliminating the causes and foci of a disease with a living person or animal as the direct object of implementation. The exclusion of diagnostic and therapeutic methods of diseases from the scope of patent protection is due to humanitarian considerations and social ethics, and doctors should have the freedom to choose various methods and conditions in the diagnostic and therapeutic process. In addition, such methods, which are directly implemented on living human or animal bodies, are theoretically considered not to be industrial and cannot be utilized in industry, and are not inventions in the sense of patent law. Examples include pulse diagnosis, psychotherapy, massage, various immunization methods for the prevention of diseases, and cosmetic surgery or weight loss for therapeutic purposes. But drugs or medical devices can be patented.5. Animal and plant varieties. However, the method of production of animal and plant varieties may be patented in accordance with the provisions of the Patent Law.6. Substances obtained by means of atomic nucleus transformations.7. Designs which primarily serve as markers for patterns, colors or a combination of the two for graphic printed matter. Patent is not *** enjoy, is valuable, can be traded, although intangible, but very valuable. No matter what industry, patents are available. No patent works are *** enjoy works, anyone can use, patents generally have a time period, in the full specified time period, the subsequent is belong to the public works.
Legal objective:Patent rights as intangible property rights, which has different characteristics from the ownership of property rights, in the rights *** sometimes, should follow the rules for the exercise of its special rights. However, China's patent law and its implementing regulations are not stipulated, therefore, in the revision of the patent law, should increase the content of this aspect. Patent right is a kind of intangible property right, and its object is intangible technical information, which can be enjoyed by more than one subject ****, and its use will not be subject to wear and tear or damage as in the case of tangible objects. Although the Trips Agreement makes it clear that intellectual property rights are private, they do have a social dimension. The creation of any patented technology, are not the patentee thought out, it must be with the help of existing social existing technology, through the intellectual labor of the patentee and created, so the patent has a certain social. It is different from the general right in rem, the right in rem is purely individual private rights, generally does not have social nature. Patent rights of this social embodied in the patent law in the first "conducive to the popularization and application of inventions, and promote scientific and technological progress" in the legislative purpose, but also embodied in the patent compulsory licensing, statutory licensing and other systems. Therefore, in the patent right * * * sometimes, the exercise of its rights should be different from the property rights * * * have the right to exercise the rules. This distinction has been reflected in our intellectual property legislation. Article 9 of the Regulations for the Implementation of China's Copyright Law provides that: "If a cooperative work is not divisible, its copyright shall be enjoyed by the cooperative authors * * * together and shall be exercised by consensus; if no consensus can be reached and there is no justifiable reason for it, no party shall prevent the other party from exercising its other rights except for the transfer of the work, but the proceeds thereof shall be reasonably allocated to all the cooperative authors. " In Article 10 of the Regulations on the Protection of Computer Software, it is stipulated that "if the software developed by cooperation cannot be divided and used, its copyright shall be enjoyed by the cooperative developers **** together and exercised by consensus; if consensus cannot be reached and there is no justifiable reason, no party shall prevent the other party from exercising other rights except the right of transfer, but the proceeds shall be reasonably distributed to all cooperative developers." This distinction is not a feature of our intellectual property legislation. In the United States, the U.S. Copyright Act provides that each author of a collaborative work is the ****person of the copyright, and may utilize or license others to utilize the work individually without obtaining the consent of the other ****persons, but the proceeds shall be ****distributed to the same. Therefore, in determining the rules for the exercise of patent rights *** have should pay attention to: 1. Patent rights *** sometimes the rules for the exercise of rights should be different from the rules for the exercise of rights in rem *** have. 2. Same as intellectual property rights of copyright, patent rights, the rules for the exercise of rights in the rights *** sometimes there is no essential difference, and from the consideration of the harmonization of the legislation, it should be consistent. 3. In the rules for the exercise of rights to be fully embodied in the Patent Law Encourage the promotion and application of patented technology purpose, and at the same time shall not harm the interests of *** someone.