Substances that are in a natural state without human processing are not product inventions, such as natural gems and minerals. After a product invention is patented, it is called a product patent, which only protects the product itself and does not protect the manufacturing method of the product.
The "method" here can be described in the order of chemical method, mechanical method, communication method and process, such as papermaking method, steelmaking method, printing method and communication method. A method invention is called a method patent after it is patented. According to the provisions of China's patent law, the protection scope of method patent extends to the products directly obtained by this method imported or used or sold in China.
This means that no unit or individual may use the patented method or use or sell the products directly obtained according to the patented method without the permission of the patentee of the method invention. There is a more detailed classification method for inventions: 1, groundbreaking inventions, also known as pioneering inventions. This refers to a brand-new technical scheme, which has no precedent in the history of technology at home and abroad. This invention has created a new milestone for the development of human science and technology, and it is an absolutely novel invention.
For example, the invention of compass, printing, steam engine, electric light and telephone. , left a brilliant footprint in the history of human invention, belonging to the first invention. 2. An improved invention refers to an improved technical scheme to improve its performance and make it have new effects while maintaining its unique performance on the basis of the existing technology. Compared with the first invention, the improved invention relies more on the technical achievements of predecessors.
Most inventions belong to improved inventions. 3. Combinatorial invention refers to a technical scheme that combines some known technical features to achieve new goals. For example, the engine, tires, carriage and steering wheel are combined into a car, so that the combined result has a completely different technical effect from the original four components.
In the modern society with increasingly advanced technology, combinatorial invention is more important and indispensable. The recombination of the original products or methods and the flexible application of the original technology can sometimes produce unexpected effects and even raise the existing technology to a new stage.
This new application can also produce unexpected technical effects. For example, washing powder is a well-known detergent. Some people have studied some characteristics of washing powder. Using washing powder in animal husbandry and adding it to feed pigs can achieve the purpose of fattening. This new use of washing powder is an application invention. 5. Selective invention refers to the invention of choosing a technical scheme from many public technical schemes.
Selective invention is a common form of invention in the field of chemistry. For example, under standard atmospheric pressure, the output of substance A usually increases at 50 ~ 100℃, but according to further experiments, if it is set at 70 ~ 80℃, the output of substance A will increase significantly. The invention is a selective invention in a wide temperature range.
It is worth noting that some patent applicants want to draw a wide range of patent protection for their inventions, but there are not enough examples to support them, so it is easy for others to choose inventions on the basis of the original inventions. The above introduction of invention patents is a little more complicated, but it is very necessary, because among the protected objects stipulated in China's patent law, the requirements for inventions are the highest and strictest, and an invention can pass the strict examination of the patent administration department in the State Council.
Therefore, in China's patent applications, the proportion of invention patents is relatively small, only accounting for more than 10% of all applications.