What is the invention protected by the patent law?

Legal analysis: the scope of invention and creation protected by the patent law is inventions, utility models and designs, in which inventions and utility models need to be novel, creative and practical. Moreover, the patent applied for protection by the parties concerned cannot violate national laws, social morality or harm public interests.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.

Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.