The object of patent right, also known as the object protected by patent law, refers to the invention-creation that should be granted patent right according to law.
according to article 2 of China's patent law, the object of patent law includes invention, utility model and design.
invention refers to a new technical scheme proposed for a product, method or its improvement.
An invention must be a technical scheme, which is 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 existed 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 means and steps to solve a specific technical problem. The methods that can apply for a patent usually include manufacturing methods and operating methods. The former includes product manufacturing techniques and processing methods, while the latter includes testing methods and product using methods.
Improved invention is a technical scheme of substantial innovation for existing product inventions or method inventions. For example, Edison invented the self-igniting lamp, and the incandescent lamp is an unprecedented new product, which can be applied for product invention; The method of producing incandescent lamps can apply for a method patent; The incandescent lamp is filled with inert gas, and its quality and life are obviously improved. This is an improvement on the original basis and can be applied for improvement.
utility model
utility model refers to a new practical technical scheme for the shape, structure or combination of products.
the utility model patent only protects the product. The product should be an entity manufactured by industrial methods and occupying a certain space. All related methods (including the use of products) and natural objects that have not been artificially manufactured are not the protected objects of utility model patents.
appearance design
appearance design, also known as industrial product appearance design, refers to a new design with aesthetic feeling and suitable for industrial application, which is based on the shape, pattern or their combination of products and the combination of color and shape and pattern.
the carrier of design must be the product.
objects not protected by the patent law
1. inventions and creations that violate laws, social morality or prejudice the interests of the public.
an invention-creation whose own purpose is contrary to national laws cannot be granted a patent right. For example, equipment, machines or tools used for gambling; Drug-taking equipment, etc. cannot be granted a patent right. (The purpose of the invention itself does not violate the laws of the state, but it does not belong to this category because it is abused)
2. Scientific discovery.
it refers to the revelation of objectively existing phenomena, changing processes, characteristics and laws in nature.
3. Rules and methods of intellectual activities.
intellectual activity refers to people's thinking movement, which originates from people's thinking and produces abstract results through reasoning, analysis and judgment, or it can indirectly act on nature to produce results through people's thinking movement as a medium. It is only a rule and method to guide people to think, identify, judge and remember information, and it does not constitute a technical solution because it does not adopt technical means or use natural laws, nor does it solve technical problems and produce technical effects. For example, traffic rules, grammar of various languages, quick algorithm or oral decision, psychological test methods, rules and methods of various games and entertainment, music scores, recipes, chess manuals, computer programs themselves, etc.
4. Diagnosis and treatment of diseases.
it is a process of identifying, determining or eliminating the cause and focus with living people or animals as the direct implementation object. For example, pulse diagnosis, psychotherapy, massage, various immunization methods to prevent diseases, cosmetic surgery or weight loss for treatment, etc. However, drugs or medical devices can be patented.
5. Species of animals and plants.
however, for the production methods of animal and plant varieties, patents can be granted according to.
6. substances obtained by nuclear transformation.
7. the design that mainly serves as a logo for the pattern, color or combination of the two of the plane printed matter.