1, patented inventions and non-patented inventions
According to whether the specific purpose of the invention is to obtain a patent, all inventions are divided into two categories, namely, patented inventions and non-patented inventions.
(1) The purpose of patented invention is to obtain a patent, and finally it did obtain the corresponding patent.
In order to carry out patent invention, we must study and understand patent laws and regulations in detail. A patented invention has a specific meaning and scope, as well as clear requirements and characteristics. Specifically, it includes inventions, utility models and designs.
In the patent law, it refers to the new technical scheme proposed for the product, method or its improvement (see the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC)).
Utility model, some people call it "small invention". The term "patent" as mentioned in the Patent Law refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.
Appearance design, in the patent law, refers to the new design of the shape, pattern, color or their combination of products, which is aesthetic and suitable for industrial application.
(2) A non-patented invention is an invention that does not aim at obtaining a patent right, but ultimately fails to obtain a patent right, which is called a non-patented invention.
Non-patented inventions mainly include the following situations:
A, scientific and technological inventions generally only use the objective laws of nature to create new technologies-emphasizing originality. Its definition is quite strict. In other words, scientific and technological inventions are much less in number.
B, the invention in China's invention award regulations, refers to the "advanced, undiscovered by predecessors, and can be applied in practice" three conditions of major new scientific and technological achievements (see "People's Republic of China (PRC) invention award regulations").
C. Daily inventions This is the invention with the widest number, low technical level and uncomplicated practical process. In addition to the above-mentioned non-patents, it also refers to technological innovations, new methods, new processes, new instruments, new appliances and other small inventions and minor reforms that are specifically applied in various fields such as actual production, life, management and learning.
Of course, everyday inventions are not inferior to patented inventions in essence.
Anyone who engages in invention and creation shall make clear whether he intends to engage in patented invention or non-patented invention before the invention and creation activities. This is crucial.
2. Service inventions and non-service inventions
According to the Patent Law and its implementing rules, the specific definition of service invention is as follows. Made by the inventor or designer (1) in his own works; (two) inventions made within one year after resignation, retirement or transfer of work related to their own work or the assigned tasks undertaken by the original unit. Generally speaking, a service invention is an invention made by an inventor or designer who performs the tasks of his own unit or mainly uses the material conditions of his own unit.
Non-service inventions refer to inventions and creations independently completed by inventors or designers one year after retirement, resignation and transfer, including inventions and creations independently completed by unemployed individuals.
The difference between service invention and non-service invention in rights and obligations is very obvious, and each has its own advantages and disadvantages, which deserves attention.
3. Entity invention and method invention
Entity invention, also called object invention, specifically means that the result of the invention is expressed in a certain space and color state and is directly materialized. Usually refers to specific products, such as tools, appliances, parts, devices, etc.
The invention of the method means the objectification of the result. It should be expressed indirectly through words, symbols, graphics, actions, spoken language and other forms. Such as: a technological process, technical operation methods, feasibility rules, etc.
4. Create and improve inventions
Innovative inventions are also called brand-new inventions and pure inventions. It means that the achievement of this invention is unprecedented and groundbreaking. For example, China's four great inventions in ancient times, modern artificial satellites and transistors. Such inventions are often epoch-making in the history of science and technology.
Improving invention refers to modifying and improving the invention process or its result on the basis of the original object, method and technological process to make it more scientific and effective.