What is the definition of invention patent
Invention patent is subject to A patent protected by Patent law. The Patent Law stipulates that there are three types of inventions that can be protected by patents, including inventions, utility models and designs.
Inventions and creations as mentioned in Article 2 of the "Patent Law" in this Law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
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 shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design.
(1) Invention is a new technical solution
Technical solution refers to the application The specific idea of natural laws to solve a specific technical problem in human production and 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 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, and therefore do not fall within the scope of the patent law. Inventions and creations are not protected by the patent law. 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 the rules of human social activities and do not make use of natural forces or natural laws. Rules and methods of other intellectual activities, For example, 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 be the object of patent law protection. Regarding whether For issues that are protected by the patent law, please refer to the explanation of Article 25 of the "Patent Law" for details.
(2) Inventions are divided into product inventions and Two major types of method inventions
Product inventions include all items created by people, such as machines, equipment, components, instruments, devices, appliances, materials, combinations Inventions made on substances, compounds, etc. Method inventions include all methods that utilize the laws of nature. They can also be divided into two types: manufacturing methods and operating methods, such as processing methods, manufacturing techniques, testing methods, or product usage methods. Inventions.
Inventions protected by patent law can also be improvements to existing products or methods. Most inventions are improvements to existing technologies. For example, new combinations of certain technical features, new selections of certain technical features, etc., as long as this combination or selection produces new technical effects, it is an invention that can be protected by a patent.
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