The object of patent right and the conditions for granting patent right
The object of patent right actually refers to the object of patent protection. The objects of patent protection in China include inventions, utility models and designs. 1. The invention is a new technical scheme for the shape, method or improvement of products; 2. The utility model is a new technical scheme for the shape, structure or combination of products, and it is a vulgar "small invention"; 3. Appearance design is a new design based on the shape, pattern, color or their combination of products, which has aesthetic feeling and is suitable for industrial application. Conditions for granting patents: China's patent law has different conditions for granting patents to different types of inventions. Inventions and utility models granted patent rights shall be novel, creative and practical. Novelty means that before the filing date, no similar inventions and utility models have been published in publications at home and abroad, used in China or known to the public in other ways, and no similar inventions and utility models have been applied to the Patent Office by others and recorded in the patent application documents published after the filing date. Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that inventions and utility models can be manufactured or used and can produce positive effects; The design to which the patent right is granted shall be different from or similar to the design publicly published in domestic and foreign publications before the date of application. Of course, not all inventions can be applied. China's patent law focuses on: (1) scientific discoveries, (2) rules and methods of intellectual activities, (3) methods of diagnosis and treatment of diseases, (4) species of animals and plants, (5) substances obtained by nuclear transformation, and (6) those that violate national laws, social morality and harm public interests.