Legal analysis: The definition of invention in Article 2 of the Detailed Rules for the Implementation of the Patent Law is: Invention as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement. Generally speaking, the technical scheme mentioned in the patent refers to the technical scheme to solve a certain problem by using the laws of nature. It does not require a molded product or practical application, but it must be practical, that is, according to your technical scheme, your invention purpose can be achieved. On this premise, the scope of invention patent protection is quite wide. Generally speaking, we only point out the scope of invention patent protection, and others, as long as they belong to the technical scheme of patent law, can be considered to be within the scope of invention patent protection. The application for not granting a patent right mainly refers to the contents of Article 25 of the Patent Law, except that it violates national laws, social ethics and harms public interests: Article 25 No patent right shall be granted for the following matters: 1. Scientific discovery; Second, the rules and methods of intellectual activities; Third, the diagnosis and treatment of diseases; Fourth, animal and plant varieties; 5. Substances obtained by nuclear transformation. 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. It can be seen that the scope of invention patent protection is very wide. Comparatively speaking, the utility model does not protect the product formula, process, method, use, material substitution, system, some medical devices, circuit design that does not involve products, etc. These can all be applied for invention patent protection.
Legal basis: Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) Article 2 All procedures stipulated in the Patent Law and these Detailed Rules shall be handled in written form or in other forms stipulated by the patent administration department of the State Council.