As a kind of intellectual property, invention patent naturally has the universal characteristics of intellectual property, namely timeliness, regionality, impersonality and exclusiveness. However, compared with other types of patents, invention patents have their own characteristics. Because the application for a patent for invention requires higher creativity of the technical scheme, and requires not only formal examination but also substantive examination, the invention that finally obtains the corresponding patent right has higher technical value. An invention can be a product invention or a method invention, and the object of a utility model is only the technical scheme of the utility model proposed by the shape, composition or combination of the product. The manufacturing method cannot apply for a patent for utility model, and in addition, a patent for utility model cannot be produced for products that have nothing to do with shape, structure or their combination.
People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests.
No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.
Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.