To obtain a patent right, three conditions must be met, namely, creativity, practicality and novelty. In terms of novelty, there are also three aspects; 1, "Before submitting the patent application, the same invention has not been published in domestic and foreign publications. The publishing houses mentioned here include not only books, newspapers and periodicals, but also audio-visual products and records. Applying for a patent for invention must meet the above conditions. " You can apply for an invention patent if you meet this condition. 2. "Not publicly used in China, or known to the public by others. The so-called public use refers to selling in the form of goods, or spreading applications by means of technical exchange, and even being known to the public through television and radio. "
You can apply for a utility model patent if you meet this condition. 3. Before the filing date of the application, if there is no patent for the same invention or utility model, someone else shall file an application with the Patent Office and record it in the later patent bulletin. Therefore, after the invention is approved and before the application is submitted, the applicant should conduct a comprehensive investigation on the novelty of its invention.
Inventions and creations applying for patents can be divided into service inventions and non-service inventions.
1. "Any invention that performs the work assigned by the unit or mainly uses the material conditions of the unit is a service invention. The patent right obtained by this invention belongs to the unit, but as an inventor, it can get appropriate remuneration. "
2. "Inventions and creations that are not designed to perform the tasks assigned by the unit (that is, outside the work), do not belong to the business scope of the unit, and are completed without the help of the unit are all non-service inventions and creations, and the right to apply for a patent belongs to the inventor or designer."
Scope of not granting patent protection
All the following applications will be rejected by the Patent Office.
1, scientific discovery
2. Rules and methods of intellectual activities
3. Diagnosis and treatment of diseases
4. Food, drinks and condiments
5. Drugs and substances obtained by chemical methods
6, animal and plant varieties
7. Substances obtained by nuclear transformation
The above items 1, 2 and 3 cannot be directly used in industrial and agricultural production because they are not inventions, so they cannot be protected by patents. Items 4, 5 and 5 consider that beverages and medicines are related to domestic public interests and people's lives, and the substances obtained by chemical methods involve a wide range and have great influence, so patent protection is not granted for the time being.
Items 6 and 6 above refer to animal and plant varieties that are not suitable for patent protection; Item 7 does not grant patent protection because it is used for military purposes. However, equipment, tools, etc. The above-mentioned articles used for research and production can be protected.
Although the products listed in items 4, 5 and 6 above cannot be protected, their production methods can be patented and protected.