1. Is the right to apply for an invention or utility model patent limited to one application?
1. An invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 31 Article 1 An invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application.
A design patent application shall be limited to one design. Two or more similar designs for the same product, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application.
2. How to classify invention patents
From the concept of invention, we can also see that invention patents include product patents and method patents. In other words, inventions can be divided into two major categories: product inventions and method inventions. .
(1) Product invention
Product invention refers to the use of information provided by the inventor Products directly produced by technical solutions to solve specific problems, such as inventions such as electric lights, telephones, machines, equipment, instruments, new alloy substances, etc. Substances that have not been processed by humans and are in a natural state are not product inventions, such as natural gems, minerals, etc. After a product invention is patented, it is called a product patent. Product patents only protect the product itself, not the manufacturing method of the product.
(2) Method invention
Method invention refers to an operating method created to manufacture a product or solve a certain technical problem and technical processes. The "method" here can be a chemical method, a mechanical method, a communication method, or a method described in the order specified by the process. For example, paper making methods, steel making methods, printing methods, communication methods, etc. After a method invention is patented, it is called a method patent. my country's Patent Law stipulates that the protection of process patents extends to products directly obtained by the method that are imported or used or sold within the territory of my country. This means that without the permission of the method invention patentee, no unit or individual may use its patented method or use or sell products directly obtained according to the patented method.
According to the provisions of the Patent Law, an invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application. 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.
