A method patent is a technical solution related to a method. The definition of method patent is currently rare in our country. Many experts and scholars introduce method patent through description and summary of method patent. For example, some scholars believe that a method in patent law can be a complete process consisting of a series of steps, or it can be a step; and point out that, generally speaking, a major difference between a method and a product is that the method is a Technical solutions contain time factors in their composition. Specifically, the methods are usually composed of multiple behaviors or phenomena that are gradually unfolded in time according to certain rules. This includes the factor of time continuation. What needs to be further clarified is that in reality, There are many types of methods and the content involved is also very wide. Of course, not all methods can be patented. Methods in method patents have conditional requirements. Specifically, these conditions are the requirements for the technical features and their combinations that constitute these methods. These technical features and the technical solutions composed of them should comply with the relevant technical solutions in product patents. Basic regulations and requirements. This excludes many methods in reality from method patents.
The characteristics of process patents can be summarized into the following two parts:
1. Diversity of method types
According to general understanding, process patents often refer to manufacturing Product methods, in fact, this is only part of the types of methods covered in method patents. According to the explanation in Chapter 2 3.1.1 of the substantive examination part of my country's "Patent Examination Guidelines" (2001), methods involving process patents mainly include manufacturing methods, usage methods, communication methods, processing methods, and the use of products for specific purposes. Methods etc.
When summarizing the chemical methods involved in patents, some scholars summarize chemical methods as methods of producing or preparing chemical substances, methods of processing, using and testing chemical substances, etc.; and believe that what is mentioned here Chemical methods are not limited to the actual use of chemical means themselves, but also include physical methods, biological methods, microbial methods and other means that can change substances [12].
For the method patent, To summarize, the author believes that the views expounded by the State Intellectual Property Office of my country in relevant materials are relatively comprehensive. The general content is to divide the methods into three types:
The first is the manufacturing and processing method, which is to act on certain items to make these items better in shape, structure or physical and chemical properties. Changes occur and new items are produced.
The second is the operating method. This method does not consist in changing the shape, structure and physical and chemical properties of the existing items themselves, but in using these items to achieve certain technical effects. For example, measurement methods, detection methods, mining methods, analysis methods, etc.; in addition, it also includes power generation methods, refrigeration methods, lighting methods, communication methods, broadcasting methods and other methods used to obtain certain technical effects.
The third is the method of use, also called use invention. This is a new application method of a known item. Without changing the product itself, new technical effects are obtained through the special use of the item. This situation also includes new ways of using patented products and new ways of using non-patented products [13].
2. Dependence on products
Nowadays Some international intellectual property conventions and domestic intellectual property laws and regulations regard method patents as an independent patent type corresponding to product patents. However, if you analyze it carefully, you will find that method patents cannot exist without products. . Logically speaking, the product is both the starting point and the end point of a method patent.
This feature can be explained from the following two points:
A. The raw materials used in the manufacturing method are themselves certain items, and some may even be patented products, and the result of using the manufacturing method is also to obtain certain items. , these items themselves may meet the conditions of the patent law and can become patented products through application; it is also possible that the characteristics of these items themselves do not meet the requirements of the patent law, or even products that cannot be granted patent rights according to the provisions of the Patent Law. Therefore, It cannot become a patented product [14]; another possibility is that the obtained product itself is a known product. However, using this method at this time can improve efficiency and save costs. As far as this method is concerned, its technology is advanced. , is practical, and the effect is also positive and beneficial, because the technical solution composed of the technical features of this method can meet the requirements of the patent law, so this method can obtain a method patent. It can be seen from this that although process patents are based on products, their own patentability issues are not affected by the products.
B. The working methods and usage methods are also inseparable from certain items as the basis or tools. Of course, the items themselves and the method are patentable, or whether they can be obtained. Patent rights are not necessarily related.
Patented methods refer to the application of patented methods and technologies in the production process of products.