1. Can game consoles be patented?
Can game consoles be patented? rights, but they must also comply with the characteristics of inventions and creations stipulated by our country. The scope of patent rights that can be granted is as follows:
(1) The invention-creation for which patent rights are granted must be an invention or utility model that complies with Article 2 of the Patent Law and appearance design. If the subject matter of the application is not an invention, utility model or design as defined in the Patent Law, the patent right cannot be granted;
(2) The subject matter of the patent right It must be within the scope of subject matter for which patent rights can be granted, that is, it cannot be within the scope of the subject matter that is not granted patent rights as stipulated in Article 25 of the Patent Law;
(3 ) The subject matter for which a patent right is granted must not violate national laws, social ethics or harm public interests, that is, it cannot be excluded by Article 5 of the Patent Law;
(4) The subject matter for which patent rights are granted must comply with the provisions of Articles 22 and 23 of the Patent Law, that is, the invention or utility model for which patent rights are granted must possess novelty, creativity and practicality. The design for which a patent right is granted shall be different from or similar to an existing design, and shall not conflict with the legal rights previously obtained by others.
2. What is the scope within which patent rights cannot be granted?
1. No patent rights will be granted for inventions and creations that violate the law, social ethics or harm public interests
No patent right will be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources. For example, equipment, machines or tools used for gambling; drug paraphernalia, etc. cannot be granted patent rights. invention itselfThe purpose does not violate national laws, but if it violates national laws due to abuse, it does not fall into this category.
2. Scientific discovery
It is the study of objective phenomena and processes of change in nature and the revelation of its characteristics and laws. Scientific theory is a summary of the understanding of the natural world and a broader discovery. They are all extensions of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from technical solutions to transform the objective world. They are not inventions and creations in the sense of patent law, and therefore cannot be granted patent rights.
3. Rules and methods of intellectual activities
Intellectual activities are human thinking movements , it originates from human thinking and produces abstract results through reasoning, analysis and judgment, or it must be used as a medium by human thinking movements to indirectly act on nature to produce results. It is only a rule and method to guide people to think, identify, judge and remember information. Since it does not adopt technical means or utilize natural laws, nor does it solve technical problems or produce technical effects, it does not constitute a technical solution. For example, traffic rules, grammar of various languages, speed algorithms or formulas, psychological testing methods, various games, entertainment rules and methods, music scores, recipes, chess scores, computer programs themselves, etc.
4. Diagnosis and treatment methods of diseases
It is based on living people or Animals are the direct targets for the process of identifying, determining or eliminating causes and lesions. Excluding disease diagnosis and treatment methods from the scope of patent protection is based on humanitarian considerations and social ethics. Doctors should have the freedom to choose various methods and conditions during the diagnosis and treatment process. In addition, this type of method directly uses living human or animal bodies as the implementation object. It is theoretically considered that it does not belong to the industry and cannot be used industrially. It is not an invention in the sense of patent law. For example, pulse diagnosis, psychotherapy, various immunization methods to prevent diseases, plastic surgery or weight loss for therapeutic purposes, etc. But drugs or medical devices can be patented.
5. Animal and plant species. However, patent rights may be granted for methods of production of animal and plant varieties in accordance with the provisions of the Patent Act.
6. Substances obtained by nuclear transformation.
7. Designs based on the patterns, colors, or combination of the two on flat printed matter.A design that mainly functions as a logo.
3. What are the written technical materials for patent application
1. The technical field and application scope of the applied project, as well as the technical measures, technical means, methods or methods in the existing technology that achieve the same or similar effects as the applied project;
2. What is the invention purpose of the applied project and what technical problems need to be solved.
3. Use words and drawings to describe in detail the technical measures and technical features that achieve the invention purpose of the applied project. For example: the project being applied for is a product, the technical measures and technical characteristics refer to: the structure of the product, the connection, layout, mutual relationship of each part and their role in the project being applied for, the combination of various parts The method and detailed dynamic connection and working method, if the application is a method, the technical measures and technical characteristics refer to the process, process parameters and relevant details of the process. In addition, at least one specific example of the applied project should be provided (the specific example here does not refer to the model or object, but the drawings and text descriptions showing the specific examples. Only if the application project cannot be explained through drawings and text) Only when technical measures are required can models or objects be provided to illustrate the subject of the application).
The drawings provided should be drawn on A4 paper using drawing tools. There should be no text, frame lines, dimension lines, or dimension labels on the drawings. Parts and components can be marked with numbers (1, 2, 3...), and the names of the parts represented by each number can be written on another piece of paper.
4. Experimental data and results of the applied project, or phenomena produced during the experiment;
;">5. Combined with specific examples and practical (experimental) test conclusions, objectively explain the advantages and disadvantages of the invention. If there is no experimental data or experimental conclusions, the inventor should conduct an objective analysis of the invention and infer the possible advantages and disadvantages of the invention;
6. What the inventor believes Differences in technical characteristics between the applied project and the existing technology;
7. Contents that the inventor believes should be technical secrets.
[Warm Tips]: The editor tells you: the acquisition or use of genetic resources in violation of laws and administrative regulations, and reliance onNo patent rights will be granted for inventions and creations completed using genetic resources. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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