Please refer to the following:
Article 2 of the Patent Law stipulates that inventions mentioned in this Law refer 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 with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Article 25 of the Patent Law stipulates that no patent right shall be granted to the following items:
(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) substances obtained by nuclear transformation;
(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.
The Patent Law stipulates the substantive conditions for granting a patent right: namely, Article 22: Inventions and utility models that are granted a patent right shall be novel, creative and practical.
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.
Whether your invention meets the object of patent protection and whether you can be authorized after filing a patent application needs to be determined according to the relevant provisions of the Patent Law, the Detailed Rules for Implementation and the Examination Guide and the approval process.
Xiudian Shisheng Intellectual Property Agency Co., Ltd. Tel:13810281007