catering technology can be patented if it meets certain conditions

According to Article 1 of the Patent Law of the People's Republic of China

, this law is formulated in order to protect the patent right of invention and creation, encourage invention and creation, facilitate the popularization and application of invention and creation, promote the development of science and technology and meet the needs of socialist modernization.

article 2: inventions mentioned in this law refer to inventions, utility models and designs.

chapter ii conditions for granting patent rights

article 22: inventions and utility models granted patent rights shall be novel, creative and practical.

Novelty means that no identical invention or utility model has been published in publications at home and abroad, used in China or known to the public in other ways before the filing date, and no identical invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date.

creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

practicality means that the invention or utility model can be manufactured or used, and can produce positive effects.

Extended materials

No patent right shall be granted for the following items:

1. Scientific discovery;

second, the rules and methods of intellectual activities;

3. Diagnosis and treatment of diseases;

fourth, food, beverage and condiment;

5. Drugs and substances obtained by chemical methods;

VI. Animal and plant varieties;

VII. Substances obtained by nuclear transformation.

the production methods of the products listed in items 4 to 6 of the preceding paragraph may be granted patent rights in accordance with the provisions of this law.

resources

China people's congress network-the patent law of the people's Republic of China.