Hello, what are the characteristics of invention patents? Invention patent is one of the three types of patents protected by patent law, with the most stable legal status and the highest technical value. An invention patent refers to a new technical proposal for a product, method or its improvement. It can be divided into product invention and method invention. Product invention refers to the invention of machines, instruments, new materials and new substances. Method invention refers to the invention in the form of procedural process, such as product manufacturing process, product use, chemical method, biological method and so on. To apply for a patent for invention-creation, the following conditions must be met: novelty. It means that before and after the application, no identical invention-creation was published in domestic and foreign publications, publicly used in China or known to the public in other ways, and no identical invention-creation was applied by other patent offices and recorded in the patent application documents published after the application date. In the following cases, the disclosed invention does not lose its novelty. An invention-creation applying for a patent does not lose its novelty in three cases, that is, it is first exhibited at an international exhibition within one month before the date of application, first published at an academic conference or technical conference, and its contents are leaked by others without the consent of the applicant. Creativity. Compared with the prior art before the filing date, the invention has outstanding advantages and remarkable progress. Substantive features refer to the technical features of an invention. Compared with the existing technology, they are essentially different, have positive and negative effects, and are conducive to promoting scientific and technological progress. Practicality. It means that the invention-creation for which a patent is applied can be manufactured and used in production, and can produce positive effects. The technical scheme is complete and feasible, and intermediate technicians in the same technical field can use it many times with the same effect, that is, it must be implementable and reproducible, and it must be able to produce high economic benefits and sociality. China's Patent Law stipulates that 1 scientific discovery patent right shall not be granted for the following projects; 2. Rules and methods of intellectual activities; 3. Methods of disease diagnosis and treatment; 4. New varieties of animals and plants; 5. Substances obtained by nuclear transformation. Compared with utility model patents, the conditions for obtaining invention patents are more stringent. In terms of creativity, new shirts only require practical features and progress. As far as novelty is concerned, it is not as demanding as design. The novelty of design requires not only that the same design is not disclosed, but also that there is no known similar design. The term of invention patent right is 20 years, while the term of utility model and design is 10 year.
Legal objectivity:
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 with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application. Article 23 of the Patent Law of People's Republic of China (PRC), a design that has been granted a patent right does not belong to an existing design; No unit or individual has applied to the patent administration department of the State Council for the same design before the application date, and recorded the patent documents published after the application date.