1. What is the general authorization rate of invention patents?
The authorization rate of invention patents published by People's Republic of China (PRC) and China National Intellectual Property Administration is 40%-50%, that is to say, the overall authorization rate of invention patents is less than half. Therefore, the risk of applying for a patent for invention is relatively high, so we must make full preparations.
2. What are the types of invention patents?
The types of invention patents are:
(1) invention. Invention refers to the innovative technical scheme put forward for products;
(2) utility model. Utility model refers to the innovative technical scheme proposed for the shape and structure of products;
(3) design. Design refers to the innovative design of product appearance.
Third, the object of the invention patent
Invention refers to a new technical scheme proposed for a product, method or its improvement.
An invention must be a technical scheme, the result of the inventor's application and combination of natural laws in a specific technical field, not the natural laws themselves, so scientific discovery does not belong to the category of invention. At the same time, inventions are usually intellectual achievements in the natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions in the sense of patent law. According to the provisions of the patent examination system, inventions can be divided into product inventions and method inventions, which can be original inventions or improved inventions. Product invention is about the invention of new products or new substances. This kind of product or substance has never been seen in nature, and it is the result of people using natural laws to act on specific things. If an article is completely in a natural state and exists without anyone's processing or transformation, it is not a product invention as stipulated in China's patent law and cannot obtain a patent right. Method invention refers to the invention of methods and steps to solve specific technical problems. Patentable methods usually include manufacturing methods and operating methods. The former includes product manufacturing technology and processing methods, while the latter includes testing methods and product use methods. An improved invention is a technical scheme with substantial innovation on the existing product invention or method invention. For example, Edison invented the self-lighting lamp, incandescent lamp is an unprecedented new product, you can apply for product invention; The method of producing incandescent lamps can apply for a method patent; Incandescent lamps are filled with inert gas, and their quality and life are obviously improved. This is an improvement on the original basis, and you can apply for improvement.
legal ground
People's Republic of China (PRC) Patent Law (revised in 2020)
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, 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 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.
Article 24 An invention-creation applying for a patent shall not lose its novelty in any of the following circumstances within six months before the date of filing:
(a) When the country is in a state of emergency or an extraordinary situation, it shall be published for the first time for the purpose of public interest;
(2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government;
(3) It was first published at a specific academic conference or technical conference;
(4) Others disclose the contents of the application without the consent of the applicant.
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.