Invention refers to a new technical scheme proposed for a product, method or its improvement. Invention, utility model and design together constitute the object protected by China's patent law.
As a kind of intellectual property, invention patent naturally has the universal characteristics of intellectual property, namely timeliness, regionality, impersonality and exclusiveness.
Invention patents cover a wide range, including two types:
1, product invention;
2. Method invention.
Product invention refers to the creation of articles containing new technical solutions. For example, inventions made by improving machines, equipment, tools, articles, etc.
Method invention refers to the new steps and methods of using, manufacturing or regularly inspecting products. For example, it is suitable for processing methods, testing methods, manufacturing processes, etc.
An invention can be a new product or method, or an improvement of an existing product or method. At present, most inventions in China are improvements on existing technologies, such as adding new technical features or combining some technical features to existing products. As long as this addition and combination can produce new technical effects and solve technical problems, it belongs to invention-creation and can be protected by patent right.
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Article 34 of the Patent Law of People's Republic of China (PRC) * * * After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, shall immediately publish it after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.