"Subordinate concept" refers to a specific concept subordinate to "superior concept", which is not a collection of the same family or similar things, nor is it a general plural thing based on the same nature. The invention represented by this subordinate concept is a subordinate concept invention.
Since there is no invention represented by the lower concept, the invention of the upper concept cannot be regarded as the invention represented by the lower concept. However, if the invention represented by the lower concept can be deduced from the higher concept by referring to the technical knowledge at that time, it can be considered as including the invention of the lower concept. Conceptually, the invention of the upper concept only indicates that the lower concept is included in the upper concept, or simply enumerates the terms of the lower concept from the upper concept, which cannot be considered as the invention represented by the lower concept.
The subordinate concept invention can be regarded as the invention expressed by the superior concept, because it has indicated the technical means to solve the problem that the invention wants to solve, and can be used to solve complex matters used in the same family or similar matters or based on the same nature.
Reference example
Example 1: (The disclosure of the lower concept invention makes the upper concept invention not novel) The patent applications for the published products are "the same product made of copper" and "the same product made of metal", which lose novelty.
Ex. 2: (In principle, the publication of a superior conceptual invention does not affect the novelty of a subordinate conceptual invention) The fact that a product made of metal has been published does not make the patent application for the same product made of copper lose its novelty. For example, the disclosure of halogen did not make this series of chlorine lose its novelty.
Example 3: The disclosure of known compounds will not make its optical isomers, hydrates and crystals lose their novelty.
This invention is not new.