Any invention or utility model for which patent right may be granted must possess novelty, invention step and practical applicability.

Any design for which patent right may be granted must not be identical with and similar to any design which ,before the date of filling, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not be in conflict with any prior gight of any other person.

For any of the following, no patent right shall be granted:

(1) scientific discoveries;

(2)rules and methods for mental activities;

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

(4)animal and plant varieties;

(5)substances obtained by means of nuclear transformation.

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

Also,no patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest, such as the tool for drug-taking, and so no.