Article 2 of the Patent Law
Invention and creation mentioned in this Law refers to inventions, utility models and designs.
invention refers to a new technical scheme proposed for a product, method or its improvement.
utility model refers to a new practical technical scheme for the shape, structure or combination of products.
The review guide explains the technical scheme as follows:
Part 2, Chapter 1
2. Objects that do not meet the provisions of Article 2, paragraph 2 of the Patent Law
The invention mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement, which is a general definition of the object of invention that can apply for patent protection, not a specific review standard for judging novelty and creativity.
a technical scheme is a collection of technical means that use natural laws to solve technical problems. Technical means are usually embodied by technical characteristics.
a scheme that does not adopt technical means to solve technical problems in order to obtain technical effects that conform to the laws of nature does not belong to the object specified in the second paragraph of Article 2 of the Patent Law.
odor or signals or energy such as sound, light, electricity, magnetism, waves, etc. do not belong to the object specified in the second paragraph of Article 2 of the Patent Law. However, those who use its nature to solve technical problems do not belong to this category. Business model is obviously not a technical solution.