Legal analysis: The objects of patent protection in my country include three types of patents: inventions, utility models, and designs.
1. An invention is a new technical solution proposed for the shape, method or improvement of a product;
2. A utility model is a proposal for the shape, structure or combination of a product A new technical solution that is suitable for practical use is commonly known as a "little invention";
3. Appearance design is a proposal for the shape, pattern, color or combination of a product that is aesthetically pleasing and suitable for industry. New design of the app.
The following categories cannot apply for patents, that is, no patent rights are granted:
1. Scientific discoveries;
3. Diagnosis and treatment methods of diseases;
4. Animal and plant species;
5. Substances obtained by atomic nucleus transformation;
6. Designs made on the patterns, colors, or a combination of the two in flat prints A design that mainly functions as a logo.
Legal basis: "Patent Law of the People's Republic of China"
Article 2 The inventions and creations mentioned in this law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Article 22 Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant species;
(5) Nucleus transformation methods and the use of atomic nuclei Substances obtained by transformation methods;
(6) Designs made on the patterns, colors, or a combination of the two of flat printed matter that serve primarily as a mark.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.