How does the patent law define "invention"?
The patent laws of different countries have different definitions of invention. European countries use exclusion rules to define the scope of invention from the negative side, while the patent laws of the United States and Japan define invention from the positive side, that is, what is an invention, while the patent law of China tends to define invention from the positive side: Article 2, paragraph 2, invention refers to a new technical scheme proposed for a product, method or its improvement. The products of patent law include machine parts, finished products and substances, and the method is equivalent to the manufacturing method. It is also the proper meaning of technical scheme to make use of natural laws and have high-level technical ideas. The so-called invention, first, uses the laws of nature, and the technology that does not use the laws of nature is not a good technology. The second is to correctly use the laws of nature, such as using solar energy as power to drive machines, but using solar energy as perpetual motion machine is not reliable. Third, it must be a technical scheme, a combination of technical means, that is to say, how to use the laws of nature to do this problem is divided into several parts, and each part of the problem must be given a feasible solution. The fourth is that it can be implemented repeatedly. Practice makes perfect for oil peddlers. Yang's learning from others and his rejuvenation are admirable skills, but they cannot be practiced repeatedly. Even if they write down their own experience and break it down into detailed steps, they can't be copied stably by others, so they can't be called technical solutions or inventions. Although the definition of invention in China's patent law is similar to that in the United States and Japan, there are reference factors, but it is by no means plagiarism, because most of the definitions of invention in the world are similar. Article 27 1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), an international standard for intellectual property protection, stipulates that any invention in all technical fields, whether it is a product or a method, can apply for a patent as long as it is novel, creative and industrial. This coincides with the expression in China's patent law.