Practiceability is understood as follows:
Practiceability means that the invention and creation applied for a patent can be manufactured or used and can produce positive effects. As a patented technical solution, it should not be something in the abstract thinking stage, but should be able to be implemented in industry and be implementable, reproducible, and beneficial.
Employability means that the invention can be manufactured or used in industry. Industries include: industry, agriculture, transportation, forestry, fishery, extractive industry, commerce, service industry and other socio-economic fields.
Basic content
The invention or utility model can be manufactured or used and can produce positive effects. However, the protection period for utility models is relatively short and the review procedures are relatively simple. In addition, it should be noted that various countries require lower inventiveness for utility models than for inventions, and some countries do not even require utility models to have inventiveness.
Technical requirements
Technical requirements are not clearly stipulated in the patent laws of various countries, but are decomposed, summarized and abstracted from relevant regulations.
1. Technical characteristics
For technical requirements, the discussion in the practice of European patent law may help us further understand. There is a long legal tradition in the field of European patent law. Only inventions and creations in the technical field can obtain patent authorization.
2. In line with the laws of nature
Inventions and creations should be based on the use of natural laws to obtain technical solutions, and the basis for judgment may not necessarily be recognized natural laws. When judging whether an invention or creation violates the laws of nature, it is not limited to the laws of nature known to mankind, but also includes the experience or understanding accumulated by mankind in the process of exploring nature. The patent law does not require the applicant to fully understand these experiences or understandings. Cause-and-effect relationships or scientific principles.
Obtaining patent rights has nothing to do with the method and process by which the invention was created. On the other hand, during the patent examination process, judgments should be made with an attitude of respecting the facts. When situations that are difficult to judge arise, the applicant should provide factual evidence or experimental results that are sufficient to convince the examiner to illustrate the practical utility of the invention. sex.
If the applicant cannot provide factual evidence or experimental results that convince the examiner, then it can still only rely on generally accepted scientific theories that have been proven by experiments as the basis for judgment.