Legal analysis: There are three main stages in the legislative process of intellectual property rights in my country: Among them, the basic framework of the legal system for intellectual property protection was mainly completed in the 1980s. In 1982, the Standing Committee of the National People's Congress passed the Trademark Law, in 1984 it passed the Patent Law, and in 1986 the Standing Committee of the National People's Congress passed the "General Principles of Civil Law". Intellectual property rights as a whole were clarified for the first time in China's Basic Civil Law. , and are recognized as civil rights of citizens and legal persons.
Legal basis: "Patent Law of the People's Republic of China"
Article 2 The inventions and creations mentioned 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 a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Article 3 The Patent Administration Department of the State Council is responsible for managing patent work nationwide; it shall uniformly accept and examine patent applications and grant patent rights in accordance with the law.
The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions.
Article 4 If the invention-creation for which a patent is applied for involves national security or major interests and needs to be kept confidential, it shall be handled in accordance with relevant national regulations.
Article 5 No patent rights will be granted for inventions and creations that violate the law, social ethics or harm the interests of the public.
Patent rights will not be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.