Definition of invention patent

An invention patent refers to an invention as mentioned in the Patent Law, and refers to a new technical scheme proposed for a product, method or its improvement. The protection period of the invention patent can reach 20 years from the date of application, as long as the annual fee is paid on time; The protection period of the utility model is 10 year. Method invention refers to the technical scheme such as operation method, manufacturing method and technological process developed by people for manufacturing products or solving a technical problem.

patent law of the people's republic of china

Article 9

The same invention can only be granted a patent right. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.

Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Article 10

The right to apply for a patent and the patent right can be transferred.

Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.

Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.