The object of patent right and its substantive conditions

Legal analysis: the object of patent right is an invention protected by patent law. Invention belongs to technical concept, while the invention protected by patent law belongs to legal concept, so the object of patent right must have the characteristics of invention and creation and the adaptability of law. (1) must be a technological creation using natural laws, which belongs to the technical category. Artificial provisions and non-technical inventions cannot be used as patent objects. (2) It must be reproducible and implementable, and the invention has been completed. (3) Its invention and creation shall not violate the laws of the state, social morality or harm the public interests, which does not belong to the case that the patent right is not granted according to law. (4) Inventions and creations must be patentable (novelty, creativity and practicality). The object of patent right includes: invention, utility model and design.

Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical.