In other words, it is your right to apply for anything, but whether you can be authorized or not is another matter.
Secondly, Article 22 of the Patent Law stipulates:
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Patent examination guide records:
Creative judgment of combined invention
Combinatorial invention refers to combining some technical schemes to form a new technical scheme to solve the objective technical problems in the existing technology.
When judging the creativity of combined inventions, it is usually necessary to consider whether the combined technical features support each other in function, the difficulty of combination, the enlightenment of combination in the existing technology and the technical effect after combination.
(1) obvious combination
If the claimed invention only combines or connects some known products or methods, each product or method works in its normal way, and the total technical effect is the sum of the effects of each combined part, and there is no functional interaction between the combined technical features, but only a simple superposition, then the combined invention is not creative.
take for example
The invention relates to a ballpoint pen with an electronic watch, and the content of the invention is to install the known electronic watch on the pen body of the known ballpoint pen. After the combination of electronic watch and ballpoint pen, they still work in their normal way, and there is no interaction in function, just a simple superposition, so the invention of this combination is not creative.
In addition, if the combination is only a variant of the known structure, or the combination is within the sustainable development range of the conventional technology, and has not achieved unexpected technical effects, such a combined invention is not creative.
(2) Non-obvious combination
If the combined technical features support each other in function and realize new technical effects; Or the technical effect of the combination is better than the sum of the technical characteristics and effects, the combination has outstanding substantive characteristics and remarkable progress, and the invention is creative. Whether each individual technical feature of a combined invention is completely known or partially known does not affect the evaluation of invention creativity.
take for example
The invention of "cryogenic treatment and electroless nickel, phosphorus and rare earth plating process" combines the well-known cryogenic treatment with electroless plating. In the prior art, after cryogenic treatment, the workpiece needs to be tempered at unconventional temperature to eliminate stress and stabilize the structure and performance. In this invention, after cryogenic treatment, the workpiece is not tempered or aged, but is electroless plated in a plating solution at 80+/-65438+/-00℃, which not only omits tempering or aging treatment, but also enables the workpiece to have a stable matrix structure and a coating with good wear resistance and corrosion resistance. The technical effect of the combined invention is unimaginable to those skilled in the art in advance, therefore, this
It can be seen that the combination of existing technologies, if not obvious, is creative and can be authorized.