Detailed explanation of the definition of invention patent

According to the provisions of Article 2, Paragraph 1 of the Implementing Rules of the Patent Law, inventions as mentioned in the Patent Law refer to new technical solutions proposed for products, methods or their improvements. (1) An invention is a new technical solution. A technical solution refers to a specific idea that uses the laws of nature to solve a specific technical problem in human production and life. It is a solution that uses the laws of nature and natural forces to produce certain effects. The classic textbook of the World Intellectual Property Organization points out: Invention is a thinking activity of the human brain and a technical solution that uses the laws of nature to solve various problems in production, scientific research, and experiments. Technical solutions generally consist of several technical features. For example, the technical features of product technical solutions can be the shape, structure, composition, size, etc. of parts, components, materials, appliances, equipment, devices, etc.; the technical features of method technical solutions can be processes, steps, processes, the time involved, Temperature, pressure, equipment and tools used, etc. The interrelationships between various technical features are also technical features. Scientific discoveries and scientific theories are only people’s understanding of unknown substances, phenomena or change processes that objectively exist in nature and their summary of their laws. They do not use the laws of nature to actively transform the world. Therefore, they are not inventions and creations as described in the Patent law. It is not the object of patent law protection. For example, the discovery that a closed conductor will generate electric current when cutting magnetic field lines in a magnetic field cannot be patented, but making a generator based on this principle is obviously a patentable invention. In addition, plans, rules and methods in economic activities and administrative management are not protected by the patent law because they only involve rules for human social activities and do not make use of natural forces or natural laws. The rules and methods of other intellectual activities, such as chess rules, game rules, Chinese pinyin schemes, methods of improving memory, etc., because they are only rules and methods to guide people's judgment, memory, reasoning, and analysis, they have no technical content and cannot become Objects protected by patent law. Regarding the issue of whether it is protected by the patent law, please refer to the explanation of Article 25 of the Patent Law for details. (2) Inventions are divided into two major types: product inventions and method inventions. Product inventions include all items created by people, such as inventions for machines, equipment, components, instruments, devices, appliances, materials, compositions, compounds, etc. . Method inventions include all methods that utilize the laws of nature. It can be divided into two types: manufacturing methods and operating methods, such as inventions made on processing methods, manufacturing processes, testing methods or product usage methods. Inventions protected by patent law can also be improvements to existing products or methods. The vast majority of inventions are improvements to existing technologies, such as new combinations of certain technical features, new selections of certain technical features, etc. As long as this combination or selection produces new technical effects, they can Inventions protected by patents.