Invention refers to a new technical scheme proposed for a product, method or its improvement. Invention, utility model and design together constitute the object protected by China's patent law. The Patent Examination Guide points out that a technical scheme refers to a collection of technical means to solve technical problems by using natural laws. Technical means are usually determined by technical characteristics. The invention must be a technical scheme and a new technical scheme. The application process of invention patent is as follows:
1, apply to the patent office for a patent;
2, submit the application, specification and its abstract and claims and other documents;
3, the patent office to conduct a preliminary examination;
4. issue an announcement;
5. Submit an application for substantive examination to the Patent Office;
6. After passing the examination, the invention patent certificate shall be issued, and shall be registered and announced at the same time.
Legal basis:
patent law of the people's republic of china
Article 9
The same invention can only be granted a patent right. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
Article 29
An applicant who applies for a patent for invention or utility model for the first time in a foreign country within 12 months, or for a patent for design for the first time in a foreign country within 6 months, and applies for a patent on the same subject in China, may enjoy the priority according to the agreement signed by the foreign country and China or the international treaties to which they are both parties, or according to the principle of mutual recognition of priority. Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.
Article 34
After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.