Some are easy to think of. It is estimated that it is difficult to approve invention applications, and utility model applications can generally be approved, but some of these patents are easily invalidated.
When the combination of two products is not easy to think of, or when the combination of two products has unexpected effects, the combination of two or more products is patentable.
If the technical features of the combination support each other in function and achieve new technical effects, or the technical effects of the combination are better than the sum of the effects of all technical features, the combination has outstanding substantive characteristics and remarkable progress, and the invention is creative. Whether each technical feature of the combined invention itself is completely known or partially known does not affect creativity. For example, the invention of "low temperature treatment and electroless nickel-phosphorus rare earth plating process" is a combination of known low temperature treatment and electroless plating. In the prior art, after cryogenic treatment, the workpiece needs to be tempered at unconventional temperature to eliminate stress and stabilize the structure and performance. In this invention, after cryogenic treatment, the workpiece is not tempered or aged, but is electroless plated in the plating solution at 80+/-65438+/-00℃, which not only omits tempering or aging treatment, but also makes the workpiece still have a stable matrix structure and a coating with good wear resistance and corrosion resistance. The technical effect of the combined invention is unimaginable to the technicians in the technical field to which the invention belongs; therefore,
The combination of two or more products is not patentable: if this combination is only a variation of the known structure, or this combination is within the scope of the continuous development of conventional technology, and has not achieved unexpected technical effects, such a combined invention is not creative.
If the invention is only a combination of some well-known products or methods, each of which still works in a conventional way, the total technical effect is the sum of the effects of each combination, and the technical features of each combination have no functional interaction, but are simply superimposed, or called "patchwork", and this patchwork invention is not creative. For example, the invention of ballpoint pen with electronic watch. In this invention, a well-known electronic watch is installed on the pen body of a ballpoint pen. After the electronic watch and the ballpoint pen are combined, they still work in their normal way, and they do not support each other in function, but are simply superimposed, so the invention is not creative.