it seems to protect someone to patent an element, like some patent DNA,
existing discovered plant...

imagine that you patent element  bigmoneynium 312...
however you ca patent the machine to make bigmoneynium 312...

there was a battle in china I remember to patent or not molecule.
chinese position was that you patent the process to make the molecule, or
the process to cure with a molecule...

in europe software patent were forbidden because algorithm are ideas.
however a machine that use the algorithm to do something useful is
patentable. but finding a non evident application is an innovation...

2012/9/6 Abd ul-Rahman Lomax <[email protected]>

> At 09:44 AM 9/6/2012, Jones Beene wrote:
>
>>
>> From: Teslaalset
>> ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­**­­­
>> What kind of invention cannot be patented in China? [snip] (6) substances
>> obtained by means of nuclear transformation.
>>
>>
>> Looks like the Chinese, in granting the patent, have determined that Ni-H
>> is not a process which is dependent on Nuclear transmutation.
>>
>
> No, the patent is not a patent for a "substance" obtained by means of
> nuclear transformation. Energy is not a "substance" in the likely meaning
> of that, and, stricly speaking, the patent is for a device or process, not
> a substance. It's not completely clear to me what the prohibition *does*
> refer to. Could a device that is designed and used to create nuclear
> transformations be patented? That's distinct from patenting the substance
> itself.
>
> (Some substances can be patented, to be used for, say, medical purposes.
> But apparently not in China, not if they are obtained by means of nuclear
> transformation.)
>
>
>

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