Can a new process be patented?

Patent rights are an important intellectual property right in today's society. They are applied for by the inventor or the assignee of his rights in accordance with the law. So, can the new process apply for Patent rights? Regarding this question, the editor of Legal Savior Network will give you the corresponding answer below for your reference and study. I hope the following answer will be helpful to you.

1. Whether new technology can be applied for patent rights

New technology can be applied for patent.

Legal basis "Patent Law of the People's Republic of China":

Article 2, Paragraph 2 Invention refers to a new technical solution proposed for a product, method or improvement thereof.

Article 22: Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.

Article 25 does not grant patent rights for the following items:

( 1) Scientific discoveries;

(2) Rules and methods of intellectual activities;

( 3) Diagnosis and treatment methods of diseases;

(4) Animal and plant varieties;

(5) Substances obtained by atomic nuclei transformation method;

(6) Mainly used to mark the pattern, color or combination of the two in flat printed matter the design of.

2. Who can apply for a patent and obtain patent rights

The inventor or designer of a non-service invention-creation and the unit that creates a service-based invention have the right to apply for a patent and obtain patent rights.

Service inventions and creations refer to: performing the tasks of the unit or mainly using theInventions and creations completed by the unit's material and technical conditions are service inventions and creations.

For inventions and creations completed using the material and technical conditions of the unit, the unit has a contract with the inventor or designer, and the right to apply for a patent and the patent rights If there is an agreement on ownership, the agreement shall prevail.

The inventor or designer refers to the person who has made creative contributions to the substantive features of the invention. In the process of completing an invention and creation, a person who is only responsible for organizational work, a person who facilitates the utilization of material and technical conditions, or a person who engages in other auxiliary work is not the inventor or designer.

Article 6 of the Patent Law of the People's Republic of China

Perform the tasks of the unit or Inventions and creations that are mainly completed by utilizing the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee. For inventions and creations completed by utilizing the unit's material and technical conditions, if the unit has a contract with the inventor or designer, and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.

The above is the answer given by the editor of Legal Savior Network on "Can new processes apply for patent rights?" We can understand that new processes can apply for patent rights. Hope this helps. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.