What inventions and creations cannot be granted patents?
Article 25 of the Patent Law provides that patents shall not be granted for the following: (1) scientific discoveries; (2) rules and methods of intellectual activity; (3) methods of diagnosis and treatment of diseases; (4) varieties of animals and plants; and (5) substances obtained by means of atomic nucleus transformations. According to Article 5 of the Patent Law, patents will not be granted for inventions that violate national laws, social morality or are detrimental to the public **** interest; and inventions whose own purpose is contrary to national laws cannot be granted patents. For example, equipment, machines or tools used for gambling; drug paraphernalia; equipment for counterfeiting national currencies, bills, official documents, seals and cultural relics, etc. are all inventions that are contrary to the laws of the State and cannot be granted patents. Inventions and creations that do not violate national laws for their own purposes, but do so due to misuse, do not fall into this category. Examples include various poisons, narcotics, sedatives, stimulants for medical purposes and chess and cards for recreational purposes. Article 9 of the Rules for the Enforcement of the Patent Law provides that the inventions and creations referred to in Article 5 of the Patent Law as violating national laws do not include inventions and creations whose mere implementation is prohibited by national laws. The meaning of this is that if the production, sale or use of a product that is merely an invention-creation is limited or restricted by national laws, the product itself and its method of manufacture are not considered to be an invention-creation that violates national laws. For example, the production, sale and use of various weapons for the purpose of national defense, although restricted by national laws, but the weapons themselves and their manufacturing methods still belong to the object of patent protection can be given.