Hello, what are the characteristics of invention patents? Invention patent is one of the three types of patents protected by patent law, with the most stable legal status and the highest technical value. An invention patent refers to a new technical proposal for a product, method or its improvement. It can be divided into product invention and method invention. Product invention refers to the invention of machines, instruments, new materials and new substances. Method invention refers to the invention in the form of procedural process, such as product manufacturing process, product use, chemical method, biological method and so on. To apply for a patent for invention-creation, the following conditions must be met: novelty. It means that before and after the application, no identical invention-creation was published in domestic and foreign publications, publicly used in China or known to the public in other ways, and no identical invention-creation was applied by other patent offices and recorded in the patent application documents published after the application date. In the following cases, the disclosed invention does not lose its novelty. An invention-creation applying for a patent does not lose its novelty in three cases, that is, it is first exhibited at an international exhibition within one month before the date of application, first published at an academic conference or technical conference, and its contents are leaked by others without the consent of the applicant. Creativity. Compared with the prior art before the filing date, the invention has outstanding advantages and remarkable progress. Substantive features refer to the technical features of an invention. Compared with the existing technology, they are essentially different, have positive and negative effects, and are conducive to promoting scientific and technological progress. Practicality. It means that the invention-creation for which a patent is applied can be manufactured and used in production, and can produce positive effects. The technical scheme is complete and feasible, and intermediate technicians in the same technical field can use it many times with the same effect, that is, it must be implementable and reproducible, and it must be able to produce high economic benefits and sociality. China's Patent Law stipulates that 1 scientific discovery patent right shall not be granted for the following projects; 2. Rules and methods of intellectual activities; 3. Methods of disease diagnosis and treatment; 4. New varieties of animals and plants; 5. Substances obtained by nuclear transformation. Compared with utility model patents, the conditions for obtaining invention patents are more stringent. In terms of creativity, new shirts only require practical features and progress. As far as novelty is concerned, it is not as demanding as design. The novelty of design requires not only that the same design is not disclosed, but also that there is no known similar design. The term of invention patent right is 20 years, while the term of utility model and design is 10 year.
Legal objectivity:
The Patent Law of People's Republic of China (PRC) stipulates that inventions, creations and utility models that are granted patent rights should be novel, creative and practical. Practicality means: 1. An invention or utility model can be made or used. That is, the invention or utility model can be manufactured and used in any industrial sector; Second, inventions can produce positive effects, that is, inventions or utility models should be advanced products or advanced technologies, which have good economic and social benefits when applied to production practice and can promote social civilization and progress. Practicality cannot be based on the process and purpose of the invention or utility model, nor can it be based on whether the invention or utility model has been implemented. The following two basic principles should be followed when judging inventions and utility models: 1. Based on the overall technical content disclosed in the specification, drawings and claims submitted on the filing date, we can't just rely on the content of the claims; Second, whether the invention or utility model can be implemented depends on whether the technicians in the technical field can realize it, that is, whether the invention or utility model can be manufactured and used in industry depends on whether the technicians in the technical field can accurately use and realize its technology.