What is the concept of invention patent?

my country's Patent law stipulates that there are three types of inventions that can be protected by patents: inventions, utility models and designs, of which invention patents are the most important. So what is the concept of invention patent? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What is the concept of invention patent

The Implementing Rules of my country’s Patent Law point out that “inventions referred to in patent law refer to products , methods or new technical solutions proposed by their improvements." The inventor can only apply for this technical solution to the Patent Office and pass a series of strict reviews, especially the review of novelty, inventiveness and practicality; patent rights will be granted to invention patent applications that meet the regulations. The applicant should also complete the registration procedures and pay the annual fee on time, so that the invention patent application can officially become an invention patent with multiple patent attributes.

It is worth pointing out that invention is different from discovery. Discovery is to reveal the natural laws and essence that already exist in nature but have not yet been recognized by people. Inventions and creations are technical solutions that use the laws or essence of nature to solve specific problems. Discovery is not patentable. Only inventions can be patented.

It should also be pointed out here that the patent law The invention refers to a technical solution to solve a specific problem. Although the concept of this technical solution has not been proven in practice when the patent is obtained, it can be directly used in industrial production and manufactured into a specific item. , so this is an intangible intellectual property.

However, the conception of this technical solution cannot be compared with those that simply put forward the technical name and idea, or simply express a wish, and how to realize it. , there is no clear specific method, and there is no hope that it will be realized in the future. Obviously, the latter cannot be called an invention in patent law.

Inventions referred to in patent law are divided into product inventions ( Such as machines, instruments, equipment and appliances, etc.) and method inventions (manufacturing methods). Patent rights are not granted for inventions in certain technical fields, such as methods for diagnosis and treatment of diseases, substances obtained by nuclear transformation methods, etc.

The invention of computer software depends on whether it is Pure computer software or special software that can be combined with hardware are treated differently, and the latter can apply for patent protection. As for inventions involving microorganisms, you can also apply for invention patents. However, microbial preservation certificates must be submitted on time.

The above is the relevant content summarized by the editor, if you If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The professional knowledge of the lawyer can help you.