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Invention refers to a new technical scheme proposed for a product, method or its improvement. An invention must be a technical scheme, 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 been seen 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 methods and steps to solve specific technical problems. Patentable methods usually include manufacturing methods and operating methods. The former includes product manufacturing technology and processing methods, while the latter includes testing methods and product use methods.
An improved invention is a technical scheme with substantial innovation on the existing product invention or method invention. For example, Edison invented the incandescent lamp, which is an unprecedented new product and can apply for product invention; The method of producing incandescent lamps can apply for a method patent; Incandescent lamps are filled with inert gas, and their quality and life are obviously improved. This is an improvement on the original basis, and you can apply for improvement.
2. utility model
Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The utility model patent only protects the product. Products should be manufactured by industrial methods and occupy a certain space. All related methods (including the use of products) and natural objects that have not been artificially manufactured are not protected by utility model patents.
The above methods include manufacturing methods, using methods, communication methods, processing methods, computer programs and using products for specific purposes. For example, the manufacturing method of a gear, the dust removal method in the workshop, the data processing method, the naturally occurring rain flower stone and so on. Can't be protected by utility model patent.
Step 3 design
Appearance design, also known as industrial product appearance design, refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or their combination of products and the combination of color, shape and pattern.
The carrier of design must be the product. Product refers to any article produced by industrial methods. Handicrafts, agricultural products, livestock products and natural objects that cannot be produced repeatedly cannot be used as the carrier of design. Usually, the color of a product can't form a design independently unless the color change of the product itself has formed a pattern.
The combinations that can constitute the design are: the shape of the product; The style of the product; The shape and pattern of the product; The shape and color of the product; Patterns and colors of products; The shape, pattern and color of the product.
Shape refers to the design of product modeling, that is, the appearance outline presented by the movement, change and combination of points, lines and surfaces outside the product, that is, the result of designing and manufacturing product structure and appearance at the same time; Pattern refers to the pattern formed on the product surface by any arrangement or combination of lines, characters, symbols and color blocks.
Patterns can be made by drawing or other ways that can reflect the designer's pattern design ideas. The pattern of the product should be fixed and visible, and should not be accidental and visible under specific conditions; Color refers to the color or color combination used in the product, and the natural color of the material used to manufacture the product is not the design color.
Extended data
Legal Protection of Patent Infringement
1, limitation of action for patent infringement
According to the patent law, the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement.
If the patentee fails to pay the appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is two years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.
2, the legal consequences of patent infringement
According to the patent law and the detailed rules for the implementation of the patent law, the legal consequences that the infringer should bear include administrative liability, civil liability and criminal liability.
What needs attention here is the content of mediation. According to the provisions of relevant laws and regulations, the department in charge of patent work may mediate at the request of the parties. The contents of mediation include two points:
Can mediate the amount of compensation for patent infringement;
Some patent disputes can be mediated, specifically: patent application rights, patent ownership disputes; Disputes over the qualifications of inventors and designers; Disputes over the remuneration of the inventor or designer of a service invention-creation; Disputes over the use of an invention without paying an appropriate fee after the publication of an application for a patent for invention and before the grant of a patent right; Other patent disputes.
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