Are scientific and technological works protected by patents?

The contents of scientific and technological works are protected by patents. According to relevant laws and regulations, inventions protected by patents refer to inventions, utility models and designs. Moreover, the scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the scope of protection of the patent right for design shall be subject to the design of the product shown in the picture or photograph.

legal ground

Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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 64

The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the content of the claim.

The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.