Novelty means that on the date of filing a patent application or the priority date, the invention is unprecedented in the prior art, that is, it has not been known to the public. Any written, tape, record, photographic, oral or used publication will lose its novelty.
Advanced, also known as creativity, means that when applying for a patent, the invention is more advanced than the existing technology, and its degree is not obvious to ordinary professionals in this technical field. Practicality means that an invention can be manufactured and used in industry.
Inventions mentioned in the patent law can be divided into product inventions (such as machines, instruments, equipment and appliances) and method inventions (manufacturing methods). Inventions in some technical fields are not patented, such as diagnosis and treatment of diseases and substances obtained by nuclear transformation.
The invention of computer software depends on whether it belongs to simple computer software or special software that can be combined with hardware and treated differently. The latter can apply for patent protection. As for inventions involving microorganisms, you can also apply for invention patents. However, the certificate of microbial preservation shall be submitted on schedule.
Extended data:
Matters needing attention
1. To apply for a patent for invention or utility model, the applicant shall submit a request, a specification and its abstract, a patent claim and other documents. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters.
2. 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 abstract shall briefly explain the technical points of the invention or utility model. The patent claim shall be based on the specification and indicate the scope of patent protection. To apply for a patent for a design, the applicant shall submit a request, a picture or photograph of the design and other documents, and shall specify the product and its category in which the design is used.
4. The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Baidu encyclopedia-invention patent