What technology cannot be patented - objects not protected by patent law

Author: Gao Wo Patent Agent Wu Bo

Patents are an important form of intellectual property protection that provide inventors with exclusive rights to their inventions for a certain period of time. However, not all technologies can be patented for protection. According to the Patent Law, certain types of technology are prohibited from protection. This article will introduce the protected objects prohibited by patents and explore why these technologies cannot apply for patent protection.

Firstly, natural phenomena cannot be protected by patents. Natural phenomena refer to phenomena that already exist or have occurred in the natural world, including celestial bodies, meteorology, geology, and other phenomena. Due to the fact that natural phenomena are not inventions or creations of humans, they do not possess novelty and do not meet the conditions for patent protection. For example, the formation process of hurricanes and natural phenomena such as sunrise and sunset cannot be protected as patent objects.

Secondly, abstract concepts cannot be protected by patents. Abstract concepts refer to ideas, concepts, and methods that do not have concrete physical forms, including mathematical formulas, statistical models, etc. Due to the fact that abstract concepts themselves do not have practical industrial application value and do not meet the inventive requirements of patents, they cannot be used as patent protection objects. For example, mathematical formulas such as Fermat's theorem and Euler's formula cannot be used as patent protection objects.

Thirdly, pure works of art cannot apply for patent protection. Pure works of art, such as music, painting, sculpture, etc., also do not meet the inventive requirements of patents. The main value of these works lies in their artistic and aesthetic value, and they are not intended to achieve specific technical effects, so they cannot be protected as patent objects. For example, works of art such as Mozart's symphonies and Van Gogh's Starry Night cannot be protected as patent objects.

Fourthly, any invention that contains discriminatory content based on race, religion, gender, or other factors is prohibited and protected. These discriminatory contents include racial discrimination, religious discrimination, gender discrimination, etc. Due to the fact that these discriminatory contents violate public interests and ethical morals, and are not conducive to social stability and development, patent protection is also not allowed to be applied for.

Finally, illegal or contrary to public interest content is also a prohibited object of protection. Technologies that pose a threat to public safety or health, such as criminal activities, cannot apply for patent protection. The invention and use of these technologies do not comply with legal regulations and ethical requirements, have a negative impact on society, and therefore do not meet the purpose of patent protection.

In short, the protected objects prohibited by patents include natural phenomena, abstract concepts, pure works of art, discriminatory content, and content that is illegal or contrary to the public interest. The reason why these technologies cannot apply for patent protection is that they do not meet the basic requirements of patent protection, such as inventiveness, practicality, novelty, and industrial application value. The main purpose of patents is to encourage innovation and protect intellectual property rights, therefore only technologies that meet the conditions for patent protection can apply for patent protection. When applying for a patent, inventors need to carefully consider the nature and characteristics of the technology to determine whether it meets the conditions for patent protection.

In addition to the prohibited protected objects mentioned above, there are also some technologies that do not belong to the prohibited protected objects but have certain limitations. For example, applying for patent protection for software requires certain technical and creative requirements, as well as practical industrial application value. In addition, the application for patent protection of life science technologies such as gene sequences and biological products also has certain legal and ethical limitations, and must comply with relevant laws, regulations, and ethical guidelines.

In summary, patent protection is an important form of intellectual property protection, but not all technologies can be applied for patent protection. Before applying for a patent, inventors need to carefully understand the conditions and requirements of patent protection to determine whether the technology meets the standards of patent protection. Only by complying with relevant laws, regulations, and ethical standards, and strictly applying for patents in accordance with the requirements of the Patent Law, can we maximize the protection of our intellectual property rights and promote technological innovation and development.

Gaowo has a patent agency team consisting of more than 200 high-end talents, including agents, analysts, engineers, etc. They integrate theory and experience, and are divided into technical fields such as electronics, communication, computer, physics, machinery, chemistry, biology, and medicine according to their majors. They specialize in providing customers with a series of high-end legal services including domestic and foreign patent application, mining, layout diagnosis, risk warning, patent invalidation, litigation, patent infringement avoidance design, etc!