The legal origin of patent law

There is a misunderstanding. The origin of law is referred to as "source of law", which mainly refers to the source or origin of legal norms, and refers to those legal materials that can be used as the premise of legal judgment. It can be divided into direct origin and indirect origin. The former is written law, including the Regulations on Legal Aid, the Patent Law of People's Republic of China (PRC) and so on, while the latter can be precedents, conventions and even precedents.

The origin of China law has an obvious feature, that is, since ancient times, China has formed a tradition that statutory law is the main source of law. The sources of current written laws in China include: Constitution, laws, administrative regulations, local regulations, autonomous regulations, administrative regulations, laws of special administrative regions and international treaties. Among them, the Constitution, laws and administrative regulations occupy a core position and a particularly important position in China's legal source system. This is mainly classified from the perspective of legislative system, the level and scope of legal effect, and can also be said to be classified from the perspective of legislation. The origin of this kind of law is the result of the legislative activities of various legislative subjects in China, mainly the laws formulated by the relevant power organs from the central to the local; There are also normative legal documents formulated by the State Council, the highest state administrative organ, and normative legal documents formulated by other relevant government organs. The unwritten law is often a supplement to the origin of China law. At present, as the source of China law, there are mainly policies, habits and precedents.