What kind of invention cannot be patented in China?

2012-07-05 11:59:53 Author: chinatm Source: Visit: 0 Comments 0

Q:What kind of invention cannot be patented in China?

A:China Patent refuse the following categories:


According to Article 5 and Article 25 of the China Patent Law, the following items are unpatentable in China:


(1) any invention-creation that is contrary to the laws of the state or social morality or that is detrimental to public interest


(2) scientific discoveries;


(3) rules and methods for mental activities;


(4) methods for the diagnosis or for the treatment of diseases;


(5) animal and plant varieties;


(6) substances obtained by means of nuclear transformation.


For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.

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Nice classification


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