Brief introduction of invention patent

Here we must first ask what is an invention? 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 been recognized by people. Invention is a technical scheme to solve specific problems by using the laws or essence of nature. Found it impossible to apply for a patent. Only inventions can be patented. It should also be pointed out that the invention referred to in the patent law is only a technical solution to a specific problem. Although the concept of this technical scheme has not been proved by practice that it can be directly used in industrial production and made into concrete articles when obtaining the patent right, it is an intangible intellectual property right. However, the conception of this technical scheme can not be compared with those who simply put forward the technical name and idea, or just express a wish, and there is no clear and specific implementation method, nor does it have the possibility of future implementation. Obviously, the latter cannot be called an invention in patent law.

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.

1, product invention

(including material invention) is a technical scheme of various new products, materials and substances developed by people through research. A product in the patent law can be an independent and complete product or a part of a device or instrument. Its main contents include: finished products, such as machines, equipment and various supplies and materials, such as chemicals, composites and other products with new uses.

2. Method invention

It refers to the operating methods, manufacturing methods, technological processes and other technical solutions developed by people to manufacture products or solve a technical problem. A method can be a complete process consisting of a series of steps or a single step, which mainly includes: a manufacturing method, that is, a method for manufacturing a specific product; And other methods, such as measurement method, analysis method, communication method, etc. ; The new use of the product.

3. What inventions can be patented?

Generally speaking, the achievements made in the process of technology development and new product development should apply for invention patents because of their high technical level. For example, the application of laser technology has been developed, synthetic leather has been manufactured by laser holography or grating lithography, and holographic grating synthetic leather has been developed. Then, both the leather itself and its manufacturing method should apply for invention patents. Another example: drugs developed by biochemical technology, whether drugs or methods of manufacturing drugs, should apply for invention patents. Another example is that a factory has put forward a design scheme to improve the air compressor, which is feasible, and the effect after implementation will greatly reduce the production cost and improve the performance of the machine, so the scheme can be applied for an invention patent.

The technology applying for a patent for invention can be a pioneering or pioneering invention that brings revolutionary changes to a certain discipline or a certain technical field, or an improved invention that is partially improved and developed on the basis of the existing technology.

World patent protection of intellectual property inventions

The World Intellectual Property Organization (WIPO) adopted a resolution at the 35th General Assembly in 2000, and decided to designate April 26th as World Intellectual Property Day from 200 1. The establishment of World Intellectual Property Day aims to establish a worldwide awareness of respecting knowledge, advocating science and protecting intellectual invention patents, and to create a legal environment to encourage knowledge innovation and protect intellectual property rights.