To put an invention into practice, it must have a detailed and concrete plan. An invention with only one idea and no concrete embodiment is called an unfinished invention. Unfinished inventions are impractical, so they are not practical. For example, it was once envisaged to build a huge rain tray in the southern sky and directly connect a water pipe under the tray to the north, which can not only solve the flood disaster caused by excessive rain in the south, but also avoid long-term drought and no rain in the north, and solve the problem of South-to-North Water Transfer in China from a macro perspective. Not to mention whether this idea violates the laws of nature, as far as this idea is concerned, there is no specific implementation, such as rain pans, water pipes and so on. I don't know how to make it and what materials to use. At best, it can only be regarded as an unfinished invention, which is definitely not practical. If a scheme itself violates the laws of nature, then no matter how clever the invention is, it is definitely not practical. Because inventions that violate the laws of nature are impossible to implement. For example, a perpetual motion machine, whether it is the first kind of perpetual motion machine that violates the law of conservation of energy or the second kind of perpetual motion machine that violates the second law of thermodynamics, cannot be manufactured. Therefore, only those inventions that have detailed and specific technical solutions and do not violate the laws of nature can be implemented.
Another meaning of enforceability is to require an invention to be repeated. Although some schemes are detailed and specific, they cannot be implemented repeatedly in industry, and they are also not feasible. For example, Wuhan Yangtze River Bridge spans the Yangtze River, between Tortoise and Snake Mountains. This scheme, which makes use of unique natural geographical conditions, is difficult to implement repeatedly, and naturally does not have the practicability of patent law. When applying for a patent for invention-creation, the law allows the applicant not to explain the mechanism of the invention. Sometimes the inventor may not know the mechanism at all, because many inventions were discovered by accident, and it may not be too late to understand the principle. However, patented inventions and creations must be able to be implemented repeatedly. As long as the scheme proposed in the application is followed, it will certainly reproduce the claimed effect and can be repeated any number of times. Only such an invention can be realized.
Second, practical inventions must be able to bring positive effects, that is, beneficial.
Beneficial here means that an invention can play a positive role in social and economic development and the construction of material civilization and spiritual civilization. Usually, this positive effect can be manifested in improving product quality. Improve the working and production environment, save energy, reduce environmental pollution and reduce production costs. It should be noted here that income has different meanings from the technological progress mentioned in the previous section about creativity. Beneficiaries focus on the positive effects of inventions to meet social needs, while technological progress only refers to the progress of technical characteristics relative to existing technologies. If a fully computer-controlled automated workshop is completely changed to manual operation, there will certainly be no technological progress; On the other hand, it can improve the employment rate of society. Therefore, benefit and technological progress are two different concepts. However, there is a certain relationship between the two, and the obvious deterioration of the technical scheme is definitely not good.
Legal basis:
patent law of the people's republic of china
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.