Who is the issuing unit of the invention patent?
Invention patents are reviewed and approved by the National Patent Office.
Examination standards for invention patents
The inventor can only submit this technical solution to the patent office Submit an application and pass a series of strict reviews, especially the review of novelty, inventiveness and practicality
Invention patent approval process
According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization.
What is an invention patent?
Invention patent: Chinese patent The 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.
The patent laws of most countries do not define invention, and scholars have different opinions on the definition of invention. By understanding and analyzing the provisions of patent laws on inventions in various countries, it can be concluded that an invention is a technical solution proposed by the inventor to solve a specific problem by applying the laws of nature. Therefore, the Implementing Rules of China’s Patent Law point out that “inventions referred to in the Patent Law refer to new technical solutions proposed for products, methods or their improvements.”
Examination standards: The inventor can only apply for this technical solution to the patent office and pass a series of strict examinations, especially novelty, creativity and practicality. Sexual censorship.
The fundamental difference between invention patents and utility model patents
Inventions as mentioned in the Invention Patent Law refer to new technical solutions proposed for products, methods or their improvements.
(1) An invention is a new technical solution
A technical solution refers to the application of 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. 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.
(2) Inventions are divided into two types: product inventions and method inventions
Product inventions Includes all inventions made from objects created by humans.
Method inventions include all methods that utilize the laws of nature, and can be divided into two types: manufacturing methods and operating methods, such as processing methods, manufacturing methods, and testing methods. Inventions made by methods or methods of using products.
Inventions protected by patent law can also be improvements to existing products or methods. The vast majority of inventions are improvements to existing technologies, such as new combinations of certain technical features, new selections of certain technical features, etc. As long as these combinations or selections produce new technical effects, they can be obtained Patent-protected inventions.
The above is the editor’s answer to the patent invention question. This is completely reviewed and approved by the National Patent Office. Therefore, everyone who applies for patents should rest assured that the country will definitely not let you suffer any losses. Under normal circumstances, your rights and interests will be protected. But to another extent, these procedures will be relatively rigorous and complicated, so please be prepared for the relevant procedures. If you still have questions, you can continue to seek legal consultation on the Legal Savior Network.
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