Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.
Characteristics of invention patents
Firstly, the invention is a new technical scheme. It is a technical scheme to solve various problems in production, scientific research and experiment by using natural laws, and generally consists of several technical features. Secondly, inventions can be divided into product inventions and method inventions. Product invention includes all things created by people, and method invention includes all methods created by using natural laws. Methods The invention can be divided into manufacturing method and operation method. In addition, the invention protected by the patent law can also be an improvement of existing products or methods.
An invention granted a patent right shall be novel, creative and practical.
(1) Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was filed by others with the the State Council Patent Administration Department and recorded in the patent application documents published after the filing date.
(2) Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
(3) Practicality means that the invention can be manufactured or used and can produce positive effects.
Jin Honglai's intellectual property extension: how to apply for a patent?
To apply for a patent, the necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be handled in the form of written or electronic applications. Oral instructions or samples or models can not be used instead of paper or electronic application documents.