After the invention is successful, there are three options for application, namely invention patent, utility model patent and design patent. Brand-new inventions are rarely seen now. Unless there are new scientific discoveries, brand-new inventions are possible. Today's invention patents are often based on the defects and shortcomings discovered in the existing technology, and improvements are made to create new breakthroughs. In essence, an invention patent can be applied for this part of the improvement, and a utility model patent can be applied for the overall improvement.
To obtain patent rights, three conditions must be met: creativity, practicality, and novelty. In terms of novelty, there are three aspects; 1. “Before applying for a patent, the same invention has not been published in domestic and foreign publications. The publications referred to here include not only books, newspapers and periodicals, etc. All paper files, including audio and video files such as recordings and records, must meet the above conditions. "If you meet these conditions, you can apply for an invention patent. 2. "It has not been publicly used in the country, or otherwise known to the public. The so-called publicly used means that it is sold in the form of goods, or disseminated and applied through technical exchanges, or even known to the public through television and radio. . ”
If you meet this condition, you can apply for a utility model patent. 3. Before the date of submission of the application, there was no application for the same invention or utility model patent to the Patent Office by others, and it was recorded in the patent gazette in the future. Therefore, after the invention is established and before the application is submitted, the applicant should conduct a comprehensive investigation into the novelty of the invention.
Applying for patents on inventions and creations can be divided into service inventions and non-service inventions.
1. “All inventions and creations that are performed when the work assigned by the unit is completed or are mainly completed using the material conditions of the unit, are service inventions and creations. The patent rights obtained for such inventions and creations belong to the unit, but As an inventor, you can receive appropriate rewards."
2. "It is not for the purpose of performing tasks assigned by the unit (outside of the job), and it is not within the business scope of the unit, and does not receive help from the unit. The inventions and creations completed under the circumstances are all non-service inventions and creations, and the right to apply for a patent belongs to the inventor or designer. ”
The scope of patent protection is not granted
Anything that falls within the following categories. The patent office will reject the application
1. Scientific discovery
2. Rules and methods of intellectual activities
3. Diagnosis and treatment of diseases
4. Food, beverages and condiments
5. Drugs and substances obtained by chemical methods
6. Animal and plant varieties
7. Substances obtained by nuclear transformation
The above items 1, 2, 3, and above are not inventions and cannot be directly used in industrial and agricultural production, so they cannot be protected by patents. Items 4 and 5 are not granted patent protection for the time being because food, drink and medicine are related to the domestic public interests and people's lives, and substances obtained by chemical methods have a wide range and great impact.
Item 6 above refers to animal and plant species that are not suitable for patent protection; item 7 is not suitable for patent protection because it is used for military purposes. However, equipment, tools, etc. used for research and production of the above items can be protected.
Although the products listed in items 4, 5, and 6 above cannot be protected, their production methods can be patented and protected.