What are the standards for judging inventions and creations
(1) Time standard. To judge whether an invention-creation is creative from a time perspective, the filing date is generally used as the standard. The invention-creation is compared with the existing technology before the filing date, and the comparison is used to determine whether it is creative.
(2) Technical standards. This is to judge whether the invention has outstanding substantive features and has made significant progress.
(3) Personnel standards. When judging whether an invention has inventiveness, the standard is the cognitive ability of those with ordinary skill in the technical field to which it belongs. If an invention is non-obvious to them, the invention is inventive.
Definition of inventions and creations
"Patent of the People's Republic of China" Article 2 of the Law defines "inventions and creations" as follows:
Inventions and creations as mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technology proposed for a product, method or improvement thereof plan.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the appearance, pattern or combination of the product, as well as the combination of color, shape, and pattern, which is aesthetically pleasing and suitable for industrial applications. new design.
my country’s Patent Law, there are two types of inventions that can obtain patent rights, one is product invention, and the other is method invention.
Utility model patents only apply to products, not processes.
For example: the new design about the appearance of the machine tool is the design of the product shape; integrating the separate receiving and transmitting microphones in the old telephone is an improvement to the product. The new design of the structure; the combination of reforming the appearance of the telephone and the design of the dialing keypad is a new design that combines the shape and structure of the telephone.
The design must be attached to the product. If it exists independently of the product, it is not a design under the patent law; the design is limited to the appearance of the product. The artistic design does not involve the technical performance of the product.
To sum up, we can clearly know that the standard for judging inventions and creations is generally to judge their creativity from three aspects. On the one hand, there are time standards, on the other hand, there are technical standards, and on the other hand, there are personnel standards. If you have any other questions that are unclear, please consult the professional lawyers at the Legal Savior Network and they will answer your questions.
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