The definition of invention in the second paragraph of Article 2 of China's Patent Law is: "Invention refers to a new technical scheme proposed for a product, method or its improvement." This product refers to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes. The so-called method refers to the method of processing raw materials and making various products.
National patents are the same as those accepted by China National Intellectual Property Administration. All patents must be applied to China National Intellectual Property Administration, and only after they are passed will there be a patent certificate issued by China National Intellectual Property Administration, which is understandable from another angle. As long as there is a patent certificate from China National Intellectual Property Administration, it can be said that it has obtained the national patent certification. There is no difference between national patents and regional patents.
It is pointed out in the detailed rules for the implementation of China's patent law that "the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement". The inventor can only succeed if he applies to the Patent Office for this technical scheme and passes a series of rigorous examinations, especially the examination of novelty, creativity and practicality. Grant a patent right to an application for a patent for invention that meets the requirements.
The applicant should also go through the registration formalities on schedule and pay the annual fee for the current year, so that the application for a patent for invention can formally become an invention patent with various patent attributes.
Extended data:
The examination and approval procedures of an application for a patent for invention are divided into five stages: acceptance, preliminary examination, publication, substantive examination and authorization:
(1), acceptance stage
After receiving the patent application, the Patent Office will examine it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant.
(2) Preliminary review stage
If the accepted patent application pays the application fee in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.
(3) Publishing stage
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 18 months after the application date.
(4), substantive review stage
After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure.
(5), authorization stage
If the application for a patent for utility model and design is not found to be rejected after preliminary examination, and the application for a patent for invention has been examined in substance, the examiner shall make a notice of authorization and apply for authorization to register.
Baidu Encyclopedia-National Invention Patent