What is the definition of invention patent
Inventions as mentioned in the Patent Law refer to products, methods or their improvements. New technical solutions.
(1) Invention is a new technical solution
Technical solutions refer to the use of natural laws to solve human production, The specific conception of a specific technical problem in life is a plan that uses natural laws 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 and understanding of unknown substances, phenomena or change processes that objectively exist in nature. The summary of laws does not use the laws of nature to actively transform the world, so it does not belong to the invention and creation referred to in the patent law, and is not the object of patent law protection.
(2) Inventions are divided into two types: product inventions and method inventions
Product inventions include all items created by people, such as machines, equipment, components, instruments, devices, appliances, materials , compositions, compounds, etc. Method inventions include all methods that utilize the laws of nature. They can be divided into two types: manufacturing methods and operating methods, such as processing methods, manufacturing techniques, testing methods or product usage methods, etc. Inventions made.
Inventions protected by patent law are also It can be an improvement on an existing product or method. Most inventions are improvements on existing Technology, such as new combinations of certain technical features, new selections of certain technical features, etc., as long as this combination Or choose an invention that produces new technical effects, which can be patented.
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