Brief introduction of invention patent application

The invention is a technical solution to a specific problem put forward by the inventor by using the laws of nature. Therefore, it is pointed out in the detailed rules for the implementation of China's patent law that "the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement". The inventor can only succeed if he applies to the Patent Office for this technical scheme and passes a series of rigorous examinations, especially the examination of novelty, creativity and practicality. Grant a patent right to an application for a patent for invention that meets the requirements. The applicant should also go through the registration formalities on schedule and pay the annual fee for the current year, so that the application for a patent for invention can formally become an invention patent with various patent attributes. It is worth pointing out that invention is different from discovery. Discovery is to reveal the natural laws and essence that already exist in nature, but have not been recognized by people. Invention is a technical scheme to solve specific problems by using the laws or essence of nature. Found it impossible to apply for a patent. Only inventions can be patented. It should also be pointed out that the invention referred to in the patent law is only a technical solution to a specific problem. Although the concept of this technical scheme has not been proved by practice that it can be directly used in industrial production and made into concrete articles when obtaining the patent right, it is an intangible intellectual property right. However, the conception of this technical scheme can not be compared with those who simply put forward the technical name and idea, or just express a wish, and there is no clear and specific implementation method, nor does it have the possibility of future implementation. Obviously, the latter cannot be called an invention in patent law.

Inventions mentioned in the patent law can be divided into product inventions (such as machines, instruments, equipment and appliances) and method inventions (manufacturing methods). Inventions in some technical fields are not patented, such as diagnosis and treatment of diseases and substances obtained by nuclear transformation. The invention of computer software depends on whether it belongs to simple computer software or special software that can be combined with hardware and treated differently. The latter can apply for patent protection. With the change of censorship standards, simple computer software can also be patented separately at present, and it is no longer necessary to combine with hardware. As for inventions involving microorganisms, you can also apply for invention patents. However, the certificate of microbial preservation shall be submitted on schedule.

1, product invention (including material invention) is a technical scheme about various new products, new materials and new substances developed by people through research. A product in the patent law can be an independent and complete product or a part of a device or instrument. Its main contents include: finished products, such as machines, equipment and various supplies and materials, such as chemicals, composites and other products with new uses.

2. Method invention refers to the technical scheme such as operation method, manufacturing method and technological process developed by people for manufacturing products or solving a technical problem. A method can be a complete process consisting of a series of steps or a single step, which mainly includes: a manufacturing method, that is, a method for manufacturing a specific product; And other methods, such as measurement method, analysis method, communication method, etc. ; The new use of the product.

3. Which inventions can apply for invention patents Generally speaking, the achievements made in the process of technology development and new product development should be applied for invention patents because of their high technical level. For example, the application of laser technology has been studied, and holographic grating synthetic leather has been developed by laser holography or grating photoetching in Taicheng leather manufacturing. Then, both the leather itself and its manufacturing method should apply for invention patents. Another example: drugs developed by biochemical technology, whether drugs or methods of manufacturing drugs, should apply for invention patents. Another example is that a factory has put forward a design scheme to improve the air compressor, which is feasible, and the effect after implementation will greatly reduce the production cost and improve the performance of the machine, so the scheme can be applied for an invention patent.

The technology applying for a patent for invention can be a pioneering or pioneering invention that brings revolutionary changes to a certain discipline or a certain technical field, or an improved invention that is partially improved and developed on the basis of the existing technology.