Characteristics of invention patents

Legal subjectivity:

The characteristics of invention patents are that invention patents include patents for new technical solutions proposed for products, methods or their improvements; It should be novel, creative and practical; The protection period is twenty years; Must go through substantive examination, etc.

Legal objectivity:

People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application. Article 23 of the Patent Law of People's Republic of China (PRC), a design that has been granted a patent right does not belong to an existing design; No unit or individual has applied to the patent administration department of the State Council for the same design before the application date, and recorded the patent documents published after the application date.