How is the law on application for a patent for invention stipulated?
The invention is a technical solution to a specific problem put forward by the inventor by using the laws of nature. Therefore, it is pointed out in the detailed rules for the implementation of China's patent law that the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement. According to the Patent Law of People's Republic of China (PRC), there are three kinds of inventions that can be protected by patents: inventions, utility models and designs, among which invention patents are the most important one. So how is the specific law about the application for a patent for invention stipulated? Let me analyze it with you. What are the legal provisions of the Patent Law of People's Republic of China (PRC) on the application for a patent for invention? Article 22 An invention or utility model that is granted a patent right 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 25 No patent right shall be granted for the following items: (1) Scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) substances obtained by nuclear transformation; (six) the design of the pattern, color or the combination of the two. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. 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. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.