Asker, this is a widely circulated multiple-choice question. The options are: A. High technical content; B. Original invention that has not applied for a patent
C. High-tech ; D. Can create huge wealth.
The best answer is: B. An invention has been patented. The patentee has the right to exclusive use of the invention and is protected by law. A patented invention means that it has not been applied for. Patented original invention.
Answer analysis: Not all inventions can be patented. For example, the "diagnosis and treatment methods of diseases" listed in Article 25 of the Patent Law are not allowed, and not all inventions can be authorized. For example, in If the application has been filed before, the invention cannot be authorized because the invention has lost its novelty. Therefore, as in the title "An original invention that has not applied for a patent is an invention. It has obtained a patent. The patentee enjoys the exclusive right to use the invention and is protected by law. It is a patented invention"
People of the People's Republic of China* **Chapter 2 of the Patent Law of the People's Republic of China (2008) Conditions for Granting Patent Rights
Article 22: Inventions and utility models for which patent rights are granted must possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term "existing technology" as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 25 No patent rights shall be granted for the following items:
(1) Scientific discoveries;
(2) Rules and regulations of intellectual activities Methods;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
(5) Obtained by nuclear transformation method Substance;
(6) Designs made on the patterns, colors, or a combination of the two on flat printed matter that serve primarily as a logo.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.