Inventions mentioned in the patent law can be divided into product inventions (such as machines, instruments, equipment and appliances) and method inventions (manufacturing methods).
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.
Matters needing attention in applying for invention patent
(1) To apply for a patent for invention or utility model, the applicant shall submit the written request, specification and its abstract, claims and other documents. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters.
(2) The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary.
(3) The abstract shall briefly explain the technical points of the invention or utility model. The patent claim shall be based on the specification and indicate the scope of patent protection. To apply for a patent for a design, the applicant shall submit a request, a picture or photograph of the design and other documents, and shall specify the product and its category in which the design is used.
(4) The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date. An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority.
(5) Where an applicant files an application for a patent for invention or utility model in China for the first time within 12 months, he may enjoy priority. Where the applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.
(6) An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application. The applicant may withdraw his patent application at any time before being granted the patent right. The applicant may modify his patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs.
(7) A patent for invention refers to a patent granted by proposing a brand-new solution to the existing technical problems arising from creative activities. An inventor may apply to the Patent Office for a patent for invention according to law. Therefore, it is necessary to fill in an application for a patent for invention. Matters needing attention when filling out an application for a patent for invention: when applying for a patent for invention, documents such as the request, specification, patent claim and abstract of the specification shall be submitted. The application documents are in duplicate, and copying is allowed, but the signature of the applicant or agency is not allowed; The application must be filled in Chinese. If there is no unified Chinese translation of the foreigner's name and place, the original text should be indicated: if this form cannot be filled in, a blank sheet of paper can be attached, but it must be the same size and quality as this form, and the column number should be indicated when it is added; Other matters needing attention shall be handled in accordance with the requirements of the Patent Office.