What is an invention patent? What are the types of patents stipulated in the new patent law?
Speaking of patents, I believe that most people have heard about them in their lives, especially when buying some electronic products, the sales staff will introduce them as the latest patented technology. So what is an invention patent? What are the types of patents stipulated in the new patent law? If you are not sure, please join us. What is an invention patent? According to the first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, the invention as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement. (1) The invention is a new technical scheme. Technical scheme refers to the concrete idea of using natural laws to solve a specific technical problem in human production and life, and it is a scheme that uses natural laws and natural forces to produce certain effects. The classic textbook of the World Intellectual Property Organization points out that invention is a kind of thinking activity of the human brain and a technical scheme to solve various problems in production, scientific research and experiment by using natural laws. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be shapes, structures, components, materials, appliances, equipment and devices. Methods The technical features of the technical scheme can be process, steps, flow, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature. Scientific discovery and scientific theory are people's understanding of unknown substances, phenomena or changes in nature and their laws. They are not inventions mentioned in the patent law, so they are not protected by the patent law. (2) Inventions are divided into product inventions and method inventions. Product inventions include all things created by people, such as inventions made to machines, equipment, parts, instruments, devices, appliances, materials, composites, compounds, etc. Method invention includes all methods that use the laws of nature. It can also be divided into manufacturing methods and operating methods, such as the invention of processing methods, manufacturing processes, testing methods or product use methods. An invention protected by the patent law can also be an improvement of an existing product or method. Most inventions are improvements on the existing technology, such as new combinations of certain technical features and new choices of certain technical features. As long as this combination or choice produces new technical effects, it is an invention that can be patented. What are the types of patents stipulated in the new patent law? The types of patents have different regulations in different countries. In China's patent law, there are: invention patent, utility model patent and design patent. In addition, the Hong Kong Patent Law stipulates: standard patents (equivalent to mainland invention patents), short-term patents (equivalent to mainland utility model patents) and design patents; In some developed countries, it is divided into invention patents and design patents. What is an invention patent? What are the types of patents stipulated in the new patent law? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.