The State Intellectual Property Office is the only agency in my country authorized to accept patent applications. /sipo/
my country’s patent law stipulates that there are three types of inventions that can be protected by patents: inventions, utility models and designs, of which invention patents are the most important. Here we first have to ask what is an invention? The patent laws of most countries do not define invention, and scholars have different opinions on the definition of invention. By understanding and analyzing the provisions of patent laws on inventions in various countries, it can be concluded that an invention is a technical solution proposed by the inventor to solve a specific problem by applying the laws of nature. Therefore, the Implementing Rules of my country’s Patent Law point out that “inventions referred to in the Patent Law refer to new technical solutions proposed for products, methods or their improvements.” The inventor can only apply for this technical solution to the Patent Office and pass a series of strict reviews, especially the review of novelty, inventiveness and practicality; patent rights will be granted to invention patent applications that meet the regulations. The applicant should also complete the registration procedures and pay the annual fee on time, so that the invention patent application can officially become an invention patent with multiple patent attributes.
It is worth pointing out that invention is different from discovery. Discovery is to reveal the natural laws and essence that already exist in nature but have not yet been recognized by people. Inventions and creations are technical solutions that use the laws or essence of nature to solve specific problems. Discovery is not patentable. Only inventions can be patented. It should also be pointed out here that the invention referred to in the patent law is only a technical solution to solve a specific problem. Although the concept of this technical solution has not been proven to be directly applicable in practice when the patent right is obtained, In industrial production, it is manufactured into a specific item, so it is an intangible intellectual property. However, the conception of this technical solution cannot be compared with those who simply put forward the technical name and idea, or simply express a wish, but there is no clear specific method on how to realize it, and there is no possibility of realizing it in the future. Comparable. Obviously, the latter cannot be called an invention in patent law.
Inventions referred to in the patent law are divided into two categories: product inventions (such as machines, instruments, equipment and appliances, etc.) and process inventions (manufacturing methods). Patent rights are not granted for inventions in certain technical fields, such as methods for diagnosis and treatment of diseases, substances obtained by nuclear transformation methods, etc. The invention of computer software must be treated differently depending on whether it is pure computer software or special software that can be combined with hardware. The latter can apply for patent protection. As for inventions involving microorganisms, you can also apply for invention patents. However, microbial preservation certificates must be submitted on time.